Opinion

Grover C. Kay v. The Home Indemnity Company

  • 337 F.2d 898
Court
Court of Appeals for the Fifth Circuit
Filed
Jan 27, 1965
Status
Published
Author
Hutcheson
On the bench
Hutcheson, Rives, Brown
Cited by
16 cases

discussing how federal courts should not “strain” to find a way to entertain workers’ compensation cases and that such cases have "little real business in a federal court”

How later courts described this case

  • discussing how federal courts should not “strain” to find a way to entertain workers’ compensation cases and that such cases have "little real business in a federal court”
  • “strong congressional policy” that workers’ compensation cases are of such “a technical statutory form that they have little real business in a federal court”
  • “we see nothing to suggest that we should strain to find a way to entertain workmen’s compensation suits”

Written by the judges who cited it.

The opinion

HUTCHESON, Circuit Judge

(concurring specially):

I concur fully in the result and in most of the majority opinion, but I do not concur in the statement in the opinion that Mingus v. Wadley has been overruled. On the contrary, after carefully Shepardizing it, I find it has not been overruled or in any way departed from by the Supreme Court, and I, therefore, feel bound by it as still stating Texas law.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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