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McCARTY v. KENDALL COMPANY

Civ. A. No. 4664.

242 F.Supp. 495 (1965)

Bailey W. McCARTY, Plaintiff, v. The KENDALL COMPANY, Defendant.

United States District Court W. D. South Carolina, Greenville Division.

June 21, 1965.

Attorney(s) appearing for the Case

W. Ray Berry, Fulmer, Barnes & Berry, Columbia, S. C., for plaintiff.

W. Francis Marion, Haynsworth, Perry, Bryant, Marion & Johnstone, Greenville, S. C., for defendant.

HEMPHILL, District Judge.

Motion by defendant under Rule 12(b) of the Federal Rules of Civil Procedure to dismiss upon the following grounds: (1) that the plaintiff's sole and exclusive remedy is before the South Carolina Industrial Commission, (2) that the plaintiff has failed to tender a return of any money received from the settlement alleged in the plaintiff's Complaint, and (3) that the plaintiff does not state facts sufficient to constitute a cause of action...

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