MELLOTT, District Judge.
The issue before the court stems from a motion to dismiss filed by the defendant upon the grounds: (1) The court lacks jurisdiction of the subject matter, in that the claim asserted is justiciable only before the Iowa Industrial Commission; and (2) the complaint fails to state a claim upon which relief can be granted.
At the hearing upon the motion matters outside the pleadings were presented to, and not excluded by the court. Thereupon...
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