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U.S. PIPE & FOUNDRY CO. v. JOHNSON

No. 90-5012.

927 F.2d 296 (1991)

UNITED STATES PIPE & FOUNDRY COMPANY, Plaintiff-Amicus Curiae, v. Clarence Leander JOHNSON Defendant-Appellant, and Sue Ann Head, Director of Workers' Compensation Division, State of Tennessee, in her capacity as Custodian of the Second Injury Fund of Tennessee, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 8, 1991.

Attorney(s) appearing for the Case

Phillip A. Fleissner, Robert L. Widerkehr, Fleissner, Cooper & Marcus, Chattanooga, Tenn., for U.S. Pipe & Foundry Co. amicus curiae.

Thomas J. Wright, Dietzen, Atchley & Wright, Chattanooga, Tenn., for Clarence Leander Johnson.

Dianne Stamey Dycus, Asst. Atty. Gen., Angela D. Stamey, Charles W. Burson, Atty. Gen., Nashville, Tenn., for Sue Ann Head.

Before NELSON, Circuit Judge; WELLFORD, Senior Circuit Judge; JOINER, Senior District Judge.

JOINER, Senior District Judge.

Plaintiff, United States Pipe & Foundry Company (U.S. Pipe), filed this action asking the court to determine its liability as an employer under the Tennessee Workers' Compensation Act, Tenn.Code Ann. § 50-6-101 et seq., to defendant, Clarence Leander Johnson, an injured employee. An amended complaint was subsequently filed, adding defendant, Sue Ann Head, Director of the Workers' Compensation Division of the State of...

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