William J. Hayes v. Philadelphia Transportation Company, Delaware Valley Steel Fabricators, Inc., and A. Belanger & Sons, Inc

STALEY, Circuit Judge.

This is an appeal from a judgment of the district court granting the motion of defendant, A. Belanger & Sons, Inc., for summary judgment in an action for personal injuries brought by appellant Hayes. The judgment was based on the court’s conclusions 1 that Belanger was the statutory employer of Playes under the Pennsylvania Workmen’s Compensation Act, and that appellant’s sole remedy against it is pursuant to that Act. We think the record reveals issues of fact on the question of statutory employment which require reversal of the district court's judgment.

The operative…