Kieffer v. Walsh Construction Co.

VAN DUSEN, District Judge.

Two of the defendants (Hewitt-Robbins, Inc., hereinafter called Hewitt-Robbins, and Wilputte Coke Oven Division of Allied Chemical & Dye Corporation, hereinafter called Wilputte) have filed motions for summary judgment under Rule 56, Fed.Rules Civ.Proc. 28 U.S. *319C.A., in a suit alleging negligence causing the death of plaintiff’s decedent.

On September 19, 1952, plaintiff’s decedent, Edward Hoover Kieffer, was killed while working as a structural iron worker for the Penn Southern Construction Company (hereinafter called Penn Southern), which was participating in the…