DAVIS v. MORRISON-KNUDSEN CO.

Civ. No. 67-234.

289 F.Supp. 835 (1968)

Homer C. DAVIS, Plaintiff, v. MORRISON-KNUDSEN CO., Inc., a Delaware corporation and Perini Corporation, a Massachusetts corporation, joint venturers, Defendants.

United States District Court D. Oregon.

July 30, 1968.


Attorney(s) appearing for the Case

Bernard P. Kelly, Kelly, Grant & Cooney, Medford, Or., for plaintiff.

Stanley E. Sharp, Tooze, Powers, Kerr, Tooze & Peterson, Portland, Or., for defendants.


OPINION

KILKENNY, District Judge:

Defendants' motion for a summary judgment is grounded on the theory that plaintiff's remedy, if any, is under the Workmen's Compensation Act of the state of Idaho and that this remedy is exclusive. The governing principle, as I view it, is whether Oregon or Idaho law should be applied. Plaintiff is a citizen of Oregon. Defendants are nonresidents of this state, but do business herein.

Defendants hired plaintiff in...

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