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Phillip D. Seal v. Industrial Electric, Inc.

Phillip D. SEAL, Appellant, v. INDUSTRIAL ELECTRIC, INC., Appellee

Seal v. Indus. Elec., 395 F.2d 214 (5th Cir. 1968)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
May 10, 1968
Docket
No. 24369_1
Judges
Brown, Dyer, Garza, Per Curiam
Citations
395 F.2d 2141968 U.S. App. LEXIS 6987

Opinion — Per Curiam

PER CURIAM:

Now here for the second time, Seal v. Industrial Electric, Inc., 5 Cir., 1966, 362 F.2d 788 , the employee seeks reversal of summary judgment for the employer based on uncontradicted affidavits which showed conclusively that the employer was covered by, and its exclusive liability was under, the Workmen’s Compensation Act of Mississippi. Miss. Code 1942, §§ 6998-01 et seq., 6998-05. The briefs and argument demonstrate that there is no merit in the appeal, and the Court therefore directed affirmance from the bench. See Newark Insurance Co. v. Lewis, 5 Cir., 1968, 894 F.2d 618 ; Gerber v. Stoltenberg, 5 Cir., 1968, 394 F.2d 179 .

In doing so we would, however, emphasize that in view of the express positions successfully taken below and here by the employer, it cannot hereafter challenge the applicability of the Workmen’s Compensation Act if claim for benefits is timely filed within the period of time extended by § 6998-18 (c) beginning with the date of this order-opinion since recovery has been denied “on the ground that such person was an employee and that the defendant was an employer within the meaning of this act * * * ” and had complied with it.

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1982: 119822026peak 1982 · 1

Relies on it most ⓘ

  1. Home Health Services, Inc. v. Currie531 F. Supp. 476 (D.S.C. 1982)

Most recent

  1. Home Health Services, Inc. v. Currie531 F. Supp. 476 (D.S.C. 1982)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Seal v. Indus. Elec., 362 F.2d 788 (5th Cir. 1966) 16
Gerber v. Stoltenberg, 394 F.2d 179 (5th Cir. 1968) 13
Dole v. Local 427, Int'l Union of Elec., Radio & Mach. Workers, 894 F.2d 607 (3d Cir. 1990) 5

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