Halstead v. Norfolk & Western Railway Co.

CHRISTIE, District Judge:

This case is before this court pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A., upon a motion for summary judgment made by the third-party defendant, Anderson’s Black Rock, Inc. (hereinafter referred to as “Black Rock”), on the grounds that the third-party complaint fails to state á claim upon which relief can be granted and that, since Black Rock has made payments to the plaintiff under the applicable provisions of the West Virginia Workmen’s Compensation Act, further recovery for the injury is barred. For the reasons hereinafter stated, it…