Robert Olson and Jan Olson v. Pennzoil Company, Pennzoil Company, Defendant/third-Party v. Sun Well Service, Inc., Third-Party

WOLLMAN, Circuit Judge.

Robert and Janet Olson appeal from the district court’s 1 grant of summary judgment for Pennzoil Company. We affirm.

I

In this diversity ease, Robert Olson, an employee of Northern Tubing Testers (Northern), was injured while testing tubing at an oil well located on a leasehold in North Dakota owned by Pennzoil. Sun Well Service, Inc. (Sun Well) was servicing the oil well, and it provided all of the rig equipment there in use. Northern provided all of the equipment that was used to test the tubing.

Pennzoil had contracted with Northern directly to provide the testing.…