Legal Opinion
Mildred A. Pickney, Personal Representative of Joe Pickney, Deceased v. Oro Dam Constructors, Etc.
Court of Appeals for the Ninth Circuit
Decided June 4, 1971No. 24467PublishedCited by 3 opinions
1Opinion of the Court
FREY, District Judge:
Appellants are here complaining of the judgment of the trial court dismissing the complaint following a preliminary hearing pursuant to Rule 12(d), Rules of Civil Procedure. The trial court dismissed on finding lack of jurisdiction of the Federal District Court.
Appellants, plaintiffs below, filed an action invoking federal jurisdiction by alleging a claim for wrongful death under Federal Employer’s Liability Act, 45 U.S.C.A. § 51. The defendants denied applicability of F.E.L.A. The purpose of the preliminary hearing was to determine the applicability of F.E.L.A. The…
2Cases cited13 opinions
- Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1969
- Wells Fargo & Co. v. TaylorSupreme Court of the United States · 1920
- Philadelphia & Reading Railway Co. v. HancockSupreme Court of the United States · 1919
- Lone Star Steel Company v. Lois McGeeCourt of Appeals for the Fifth Circuit · 1967
- Edwards v. Pacific Fruit Express Co.Supreme Court of the United States · 1968
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3Cited by3 opinions
- John Strykowski v. Northeast Illinois Regional Commuter Railroad Corporation, D/B/A Metra/metropolitan Rail, ("Metra")Court of Appeals for the Seventh Circuit · 1994
- Greethurst v. Bethlehem Steel CorporationDistrict Court, N.D. Indiana · 1974
- Schutzenhofer v. Granite City SteelAppellate Court of Illinois · 1985