Constance Kottis, as Administratrix of the Estate of Christos Kottis v. United States Steel Corporation

TONE, Circuit Judge.

We are asked by the plaintiff-appellant in this diversity case to hold that the Indiana Workmen’s Compensation Act does not provide the exclusive remedy for injury or death incurred in the course of and in the scope of employment when the employer is in a “dual capacity,” i. e., is both the employer and also the owner of the land, or also the manufacturer of defective equipment, on which the accident occurred. We agree with the District Court that the Act provides the exclusive remedy and therefore affirm a summary judgment in favor of the defendant.

Plaintiff’s decedent,…