HARDESTY v. ALLIANCE PLUMBING AND HEATING COMPANY

No. 16984.

316 F.2d 361 (1963)

Vernon E. HARDESTY, Appellant, v. ALLIANCE PLUMBING AND HEATING COMPANY, Inc., and Electrical Construction Company, Inc., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided February 7, 1963.


Attorney(s) appearing for the Case

Mr. Philip J. Lesser, Washington, D. C., with whom Mr. I. Irwin Bolotin, Washington, D. C., was on the brief, for appellant.

Mr. John F. Mahoney, Jr., Washington, D. C., with whom Mr. Charles E. Pledger, Jr., Washington, D. C., was on the brief, for appellee Alliance Plumbing and Heating Co., Inc.

Mr. Albert E. Brault, Washington, D. C., with whom Mr. Denver H. Graham, Washington, D. C., was on the brief, for appellee Electrical Construction Co., Inc.

Before WILBUR K. MILLER and BURGER, Circuit Judges, and BELL, Circuit Judge for the Fourth Circuit.


BELL, Circuit Judge.

The plaintiff here, an employee of the principal contractor, sues the subcontractors for personal injury alleging negligence of the subcontractors' employees. The issue presented is: does the Maryland Workmen's Compensation Act bar such a suit upon the grounds that the subcontractors are not other persons within the terms of the statute? Section 58 of the Act, Ann.Code of Md., Art. 101, § 58, provides:

"Where injury * * * for which...

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