Dean Billmayer v. Newmont Gold Company, a Foreign Corporation

76 F.3d 384 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Dean BILLMAYER, Plaintiff-Appellant, v. NEWMONT GOLD COMPANY, a foreign corporation, Defendant-Appellee. No. 94-16709. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 12, 1996. Decided Feb. 1, 1996. Before: LAY * , GOODWIN, and PREGERSON, Circuit Judges. 1 MEMORANDUM ** 2 Billmayer, a driller employed by O'Keefe Drilling Company brings this action against Newmont Gold Company for personal injuries sustained when he slipped from a drill mast. The district court found that Newmont was immune from suit as Billmayer's statutory employer and granted summary judgment in favor of Newmont. We remand for a determination under NRS § 616.262(1) whether Newmont and O'Keefe are in the "same trade, business profession or occupation." I. 3 Newmont hired O'Keefe to drill a water-monitoring well and to line the well with five-inch steel casing. Billmayer was a crewmember employed on O'Keefe's drill…