James M. Walker v. United States Gypsum Company, and Third-Party and Coley & Peterson, Incorporated, Third-Party

HAYNSWORTH, Circuit Judge.

The District Court granted summary judgment for the defendant in this action for personal injuries upon the ground that the plaintiff’s exclusive remedy was a proceeding before the Industrial Commission of Virginia. The plaintiff contends that the question of his employment status should have been submitted to a jury.

Though the courts of a state have construed its Workmen’s Compensation Act as a limitation upon the jurisdiction of its common law courts so as to require the court, rather than a jury, to resolve questions of fact as well as of law in determining the…