Conner v. El Paso Natural Gas Co.

OPINION

RICHMOND, Chief Judge.

Appellant’s husband was killed when a pipe exploded at the Lakeshore Mine where he was employed as a miner. She brought a wrongful death action against the mine operator, Hecla Mining Company, and its joint venturer, El Paso Natural Gas Company, on behalf of herself and her minor children. Defendants Hecla and El Paso moved for summary judgment on the ground that the decedent was an employee of the joint venture and the survivors were barred from maintaining an action because they had received workmen’s compensation benefits under a policy insuring the joint…