Arthur L. Summer v. Victor Chemical Works, a Corporation

BARNES, Circuit Judge.

This is an action for personal injuries instituted in the state court and transferred to the federal court upon ground of diversity of citizenship. There existed below allegations of the requisite diversity and an amount exceeding the jurisdictional minimum in issue. 28 U.S.C. § 1332. This court has jurisdiction on appeal from the granting of a motion to dismiss the action'. 28 U.S.C. § 1291.

In the complaint on file, it is alleged that during all relevant times, appellant was an employee in appellee’s chemical manufacturing plant in Butte, Montana. Appellee used…