FOREIGN TRANSPORT & MERCANTILE CORP.

v.

MORAN TOWING & TRANSPORTATION CO.

Citator

Cited By

• Snypp v. State of Ohio, 70 F.2d 535 (6th Cir. 1934)
  …is court we may, upon this motion, also, notice the second 'ground of the motion to dismiss the appeal, and treat it as a motion to affirm. C. N. Bevan v. Gilson D. Light, as Sheriff of Lucas County, Ohio (C. C. A.) 61 F.(2d) 1019, certiorari denied 287 U. S. 665, 53 S. Ct. 224, 77 L. Ed. 574. In that case we followed the practice of the Supreme Court of the United States, and in referring to that practice we said :1 “That court has held that when it appears that the question for decision is frivolous or uns…
• Kelly v. Pa. R.R. Co., 245 F.2d 408 (3d Cir. 1957)
  …the course of intrayard movement of freight cars. In each case we held that plaintiff was not the employee of a carrier subject to the Federal Employers’ Liability Act. Docheney v. Pennsylvania R. Co., 3 Cir., 60 F. 2d 808, certiorari denied, 1932, 287 U.S. 665, 53 S.Ct. 222, 77 L.Ed. 573; Shaw v. Monessen Southwestern Ry. Co., 3 Cir., 1953, 200 F. 2d 841. In the Shaw case it was pointed out that the question involved was a mixed one of fact and law. The test for employment of one person by another is a le…
• Valo v. Monessen Sw. Ry. Co., 407 F.2d 1400 (3d Cir. 1969)
  …re was substantial dispute as to Valo’s employment status.5 We are not unmindful of prior decisions in this Circuit involving (Intra-Plant) operations. See, inter alia, Docheney v. Pennsylvania Railroad Co., 60 F. 2d 808 (3 Cir. 1932), cert. denied 287 U.S. 665, 53 S.Ct. 222, 77 L.Ed. 573 (1932); Kelly v. Pennsylvania Railroad Co., supra; Shaw v. Monessen Southwestern Railway Co., supra. Appellant argues that the instant appeal is governed squarely by our decision in Shaw, supra. That suit was tried to the…