Winston Hartwell v. Allied Chemical Corporation, Parent Corporation

OPINION OF THE COURT

In this case, plaintiff seeks damages for injuries arising out of an accident occurring at his place of employment. The ease is in federal court based on the diversity of citizenship of the parties. In the District Court, defendants Allied Chemical Corp. and Industrial Chemical Co. moved to dismiss the complaint, which motion was construed by the District Court as one for summary judgment pursuant to Rule 56 F.R.Civ.P., and was granted. Plaintiff has appealed. 1

On August 9, 1968, plaintiff, Winston Hartwell, was seriously injured during the course of his employment. He was…