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LUNDSTROM v. MAGUIRE TANK, INC.

No. 07-1294.

509 F.3d 864 (2007)

John LUNDSTROM; Cori Lundstrom, Appellants, v. MAGUIRE TANK, INC., Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: December 4, 2007.

Attorney(s) appearing for the Case

Jerome B. Abrams, argued, Minneapolis, MN, Lauris A. Heyerdahl, Minneapolis, MN, Steven R. and Adam P. Rutzick, St. Paul, MN, on the brief, for Appellant.

Paul E.D. Darsow, argued, Blake W. Duerre, on the brief, Minneapolis, MN, for Appellee.

Before WOLLMAN, BYE, and SHEPHERD, Circuit Judges.

WOLLMAN, Circuit Judge.

John Lundstrom, an employee of Truck Crane Service Company (Truck Crane), was injured on a job site operated by Maguire Tank, Inc. Lundstrom collected workers' compensation from Truck Crane. He then sued Maguire Tank, asserting that its negligence had caused his injury. Maguire Tank asserted that under the loaned servant doctrine it was Lundstrom's special employer. Under that doctrine, Maguire Tank was liable to Lundstrom under workers' compensation...

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