Williams v. Glens Falls Indemnity Co.

KENNERLY, District Judge.

This is a suit by plaintiff against defendant, as an insurer, to recover compensation under the Texas Workmen’s Compensation Law, Vernon’s Ann.Civ.St. Tex. art. 8306 et seq., and a motion by defendant under Rule 12(b), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, to dismiss plaintiff’s suit on the ground that plaintiff’s complaint does not state a claim upon which relief can be granted, in that plaintiff’s claim, if any he has, is maritime.

Plaintiff’s pleadings set forth:(a) That on March 15, 1940, while in the employ of the Butcher-Arthur…