EGAN, District Judge.
This is an action to recover for personal injuries sustained by the plaintiff when he fell through a hole in the roof of a construction project in Pennsylvania. The defendant has moved for a dismissal of this action alleging that it is the "statutory employer" of the plaintiff and that pursuant to the Workmen's Compensation Act of Pennsylvania, 77 P.S. § 1 et seq., plaintiff's remedy in tort is barred by the Act.
Under the facts...
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