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KEMP v. FROZEN FOOD EXP., INC.

Nos. TX-85-27-CA, TX-85-28-CA, TX-85-29-CA and TX-85-70-CA.

618 F.Supp. 431 (1985)

Tom KEMP; Truman Nisbet, Leslie Boomgarten, Kevin Fitzmaurice, Plaintiffs, v. FROZEN FOOD EXPRESS, INC.; Frozen Food Transportation Services, Inc; Frozen Food Express Industries; and Conwell Corporation, Defendants.

United States District Court, E.D. Texas, Texarkana Division.

October 1, 1985.

Attorney(s) appearing for the Case

Nicholas H. Patton of Young, Patton, & Folsom, Texarkana, Ark., for plaintiffs.

Victor Hlavinka of Atchley, Russell, Waldrop, & Hlavinka, Texarkana, Tex., for defendants.

MEMORANDUM OPINION

HALL, District Judge.

Jurisdiction to hear this case is found in 28 U.S.C. § 1332, and was not disputed by the parties.

The sole issue in this trial is a question of law that is related to the municipal law of the State of Texas, viz, were or were not Tom Kemp, Truman Nisbet, Leslie Boomgarten, and Kevin Fitzmaurice employees of Frozen Food Express (hereinafter called FFE) for purposes of Texas Workman's Compensation Law?...

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