Mccoy v. Consolidation Coal Co.

These cases were filed by four former coal miners under the Tennessee Workmen’s Compensation Act, T.C.A. § 50-901 et seq. The District Court found that each of them contracted occupational lung disease while in the employ of the coal company and entered judgments for permanent partial disability, 322 F. Supp. 71, 325 F.Supp. 1015. The coal company appeals.

Jurisdiction is based upon diversity of citizenship. Tennessee law controls.

The coal company contends in each case that (1) the District Court erred in failing to hold that the employee was barred from recovery by the statute of limitations…