KELLEY v. GIRDLER CORP.

No. 10918.

207 F.2d 703 (1953)

KELLEY v. GIRDLER CORP., Inc.

United States Court of Appeals Seventh Circuit.

November 5, 1953.


Attorney(s) appearing for the Case

Jack H. Mankin and Lee L. Criss, Terre Haute, Ind., for appellant.

James V. Donadio, Indianapolis, Ind., Stanley E. Stohr, Terre Haute, Ind., Geoffrey Segar, Indianapolis, Ind., Ross, McCord, Ice & Miller, Indianapolis, Ind., Mann, Stohr & Mann, Terre Haute, Ind., of counsel, for appellee.

Before MAJOR, Chief Judge, and FINNEGAN and SWAIM, Circuit Judges.


SWAIM, Circuit Judge.

This is an appeal from a judgment of the District Court dismissing the plaintiff's complaint on the ground that the action is barred by the limitation provision contained in Section 13 of the Indiana Workmen's Compensation Act, Burns' Ind.Stats.Ann., Sec. 40-1213 (1952 Repl.).

The complaint alleges that the plaintiff, Pearl E. Kelley, while acting within the scope of his employment by the Jamar-Olmen Company (which is not a party to this...

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