ENGLAND v. CITY OF RICHMOND

No. 17267.

419 F.2d 1156 (1969)

Raymond ENGLAND, Plaintiff-Appellant, v. The CITY OF RICHMOND, Indiana, et al., Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

December 19, 1969.


Attorney(s) appearing for the Case

David W. Dennis, Richmond, Ind., Tony Foster, Indianapolis, Ind., for plaintiff-appellant; Dennis, Dennis & Reinke, Richmond, Ind., Bingham, Summers, Welsh & Spilman, Indianapolis, Ind., of counsel.

Keith C. Reese, Indianapolis, Ind., for defendants-appellees; Rocap, Rocap, Reese & Young, Indianapolis, Ind., of counsel.

Before CASTLE, Chief Judge, DUFFY, Senior Circuit Judge and FAIRCHILD, Circuit Judge.


DUFFY, Senior Circuit Judge.

Plaintiff, an Ohio resident, was an employee of Dana Corporation (Dana) which owned a factory building located in Richmond, Indiana. Defendant Richmond Power and Light is, and was on October 5, 1965, owned and operated by the City of Richmond, Indiana.

The complaint is in four counts. Count I is in negligence and is brought as a third party action under Section 13 of the Indiana Workmen's Compensation Act (Burns' Ind.Stat.Ann....

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