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HAMILTON v. PALM

No. 09-3676.

621 F.3d 816 (2010)

Joseph HAMILTON, Plaintiff-Appellant, v. Gregory PALM; Toni Palm, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: September 20, 2010.

Attorney(s) appearing for the Case

Robert G. Kister , I, argued, Herculaneum, MO, for appellant.

Ann E. Buckley , argued, St. Louis, MO, Martin John Buckley , on the brief, St. Louis, MO, for appellees.

Before LOKEN, BYE, and SHEPHERD, Circuit Judges.

LOKEN, Circuit Judge.

Joseph Hamilton filed this diversity negligence action, alleging that he fell and was seriously injured doing roofing work and constructing an addition on property owned by Gregory and Toni Palm in Chesterfield, Missouri. The Palms moved to dismiss, arguing that Hamilton may not recover on his claim as an independent contractor based on the inherently-dangerous-activity theory of landowner liability. Hamilton responded that he was not suing as...

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