Shumate v. Wahlers

THORNTON, District Judge.

The matter before the Court is defendants’ motion to dismiss the action or to order the joinder of the compensation insurance carrier for plaintiff’s employer, said compensation insurance carrier, hereinafter referred to as the insurance carrier, allegedly having paid benefits to plaintiff on account of the injury which is the subject matter of this cause.

Jurisdiction exists by virtue of diversity of citizenship and the amount in controversy. At the time of the occurrence set forth in the amended complaint, September 29, 1952, plaintiff was employed as a structural…