HOME INDEMNITY COMPANY OF NEW YORK v. POLADIAN

No. 7871.

270 F.2d 156 (1959)

HOME INDEMNITY COMPANY OF NEW YORK and Louis E. Stultz, Appellants, v. J. H. POLADIAN and J. Harry Poladian, Jr., t/a J. H. Poladian & Son, Appellees.

United States Court of Appeals Fourth Circuit.

Decided August 27, 1959.


Attorney(s) appearing for the Case

James C. Gregg, Washington, D. C. (Hugh Lynch, Jr., and Macleay, Lynch & Macdonald, Washington, D. C., on the brief), for appellant.

Charles H. Duff, Arlington, Va. (Jesse, Phillips, Klinge & Kendrick, Arlington, Va., on the brief), for appellees.

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


SOBELOFF, Chief Judge.

Divergent provisions in the Workmen's Compensation laws of Virginia and the District of Columbia give rise to this controversy. Under the Virginia law1 a general contractor is deemed the statutory employer of his subcontractor's employees; he is obligated to provide compensation insurance for them and is immune from common law actions by them for negligence. In the District of Columbia, where the Longshoremen's and...

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