THOMAS v. MERRITT-CHAPMAN & SCOTT CORPORATION

No. 17613.

303 F.2d 123 (1962)

James E. THOMAS and Nadie Belle Thomas, Husband and Wife, Appellants, v. MERRITT-CHAPMAN & SCOTT CORPORATION, a Delaware Corporation, Appellee.

United States Court of Appeals Ninth Circuit.

May 15, 1962.


Attorney(s) appearing for the Case

Mesch, Marquez & Rothschild, John K. Mesch, Hirsch, Van Slyke, Richter & Ollason, Tucson, Ariz., for appellants.

Shimmel, Hill, Kleindienst & Bishop, Rouland W. Hill, Phoenix, Ariz., for appellee.

Before HAMLIN, KOELSCH and BROWNING, Circuit Judges.


PER CURIAM.

Appellants brought suit in tort against appellee in the United States District Court for the District of Arizona. Jurisdiction was founded on diversity of citizenship. In its answer appellee alleged that appellant had waived his cause of action by electing to take compensation under the Arizona Workmen's Compensation law. See Section 23-1024(A), Arizona Revised Statutes. The trial court held a hearing limited to this defense. Appellant was the principal...

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