WALKER v. UNITED STATES GYPSUM COMPANY

No. 7846.

270 F.2d 857 (1959)

James M. WALKER, Appellant, v. UNITED STATES GYPSUM COMPANY, Defendant and Third-Party Plaintiff, and Coley & Peterson, Incorporated, Third-Party Defendant, Appellees.

United States Court of Appeals Fourth Circuit.

Decided October 5, 1959.


Attorney(s) appearing for the Case

Sidney H. Kelsey, Norfolk, Va., for appellant.

L. S. Parsons and Leigh D. Williams, Norfolk, Va. (Parsons, Stant, Parsons & Mirman, Williams, Cocke, Worrell & Kelly, Charles L. Kaufman, and Ira B. Hall, Norfolk, Va., on brief), for appellees.

Before SOBELOFF, Chief Judge, and SOPER and HAYNSWORTH, Circuit Judges.


HAYNSWORTH, Circuit Judge.

The District Court granted summary judgment for the defendant in this action for personal injuries upon the ground that the plaintiff's exclusive remedy was a proceeding before the Industrial Commission of Virginia. The plaintiff contends that the question of his employment status should have been submitted to a jury.

Though the courts of a state have construed its Workmen's Compensation Act as a limitation upon the jurisdiction...

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