Zimmermann v. Scandrett

DUFFY, District Judge.

This is an action brought under the Federal Employers’ Liability Act, as amended, 45 U.S.C.A. § 51 et seq. Defendants move for summary judgment (Rule 56 of the Federal Rules of Civil Procedure, 28 U. S.C.A. following section 723c) on two grounds: (a) That the plaintiff is not entitled to sue under the act since the deceased as an employee of the defendants was not engaged in interstate commerce; and (b) that the subject matter of deceased’s fatal injury having been submitted to the Industrial Commission of Wisconsin by stipulation of the deceased’s widow and the…