ZIMMERMANN v. SCANDRETT

No. 1402.

57 F.Supp. 799 (1944)

ZIMMERMANN v. SCANDRETT et al.

District Court, E. D. Wisconsin.

November 30, 1944.


Attorney(s) appearing for the Case

Jerome F. Treis, of Milwaukee, Wis. (Walter D. Corrigan and John S. Barry, both of Milwaukee, Wis., of counsel), for plaintiff.

Rodger M. Trump, of Milwaukee, Wis., (Werner J. Trimborn, of Milwaukee, Wis., of counsel), for defendant.


DUFFY, District Judge.

This is an action brought under the Federal Employers' Liability Act, as amended, 45 U.S.C.A. § 51 et seq. Defendants move for summary judgment (Rule 56 of the Federal Rules of Civil Procedure, 28 U. S.C.A. following section 723c) on two grounds: (a) That the plaintiff is not entitled to sue under the act since the deceased as an employee of the defendants was not engaged in interstate commerce; and (b) that the subject matter of deceased...

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