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STONE v. M & M WELDING AND CONST., INC.

No. 20120359-CA.

312 P.3d 934 (2013)

2013 UT App 233

Terry Lee STONE, Plaintiff and Appellant, v. M & M WELDING AND CONSTRUCTION, INC., Defendant and Appellee.

Court of Appeals of Utah.

September 26, 2013.

Attorney(s) appearing for the Case

Loren M. Lambert , Midvale, Attorney for Appellant.

Clark B. Allred , Vernal, and A. Erin Bradley , Attorneys for Appellee.

Judge J. FREDERIC VOROS JR. authored this Memorandum Decision, in which Judges CAROLYN B. McHUGH and STEPHEN L. ROTH concurred.

Memorandum Decision

VOROS, Judge:

¶ 1 This appeal involves a "pretaliatory" discharge — an employee alleges that his employer discharged him not because he had filed a workers' compensation claim but because he was about to. The district court granted summary judgment in favor of the employer. We reverse and remand for further proceedings.

¶ 2 The employee, Terry Lee Stone, challenges the district court's grant of summary judgment...

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