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JONES v. LILY TULIP CUP CORPORATION

No. 1533.

158 F.Supp. 944 (1958)

Joseph E. JONES, Plaintiff, v. LILY TULIP CUP CORPORATION, Defendant.

United States District Court W. D. Missouri, S. D.

February 13, 1958.

Attorney(s) appearing for the Case

John Hosmer, Springfield, Mo., for plaintiff.

John F. Carr (of Miller, Fairman & Sanford), Springfield, Mo., for defendant.

R. JASPER SMITH, District Judge.

Defendant moves for summary judgment in its favor based on the pleadings, the affidavit of James E. Dameron, the affidavit of James R. Walters, and plaintiff's answer to certain requests for admissions, on the theory that the cause of action which plaintiff attempts to assert in his complaint is exclusively controlled by and subject to the Missouri Workmen's Compensation Act, Chapter 287, V.A.M.S., and that plaintiff is a "statutory...

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