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The plaintiff, an employee of the defendant railway, sued for damages for personal injuries sustained while mining rock from a quarry intended for repairing the defendant's interstate railway line. The suit was filed in a state court and removed to federal court based on diversity of citizenship. The plaintiff moved to remand, arguing that the cause of action arose under the federal Employers' Liability Act, which would make it non-removable. The court, however, determined that the plaintiff's engagement in mining rock for railway repair did not constitute interstate commerce, and therefore, the federal Employers' Liability Act did not apply. Consequently, the court denied the motion to remand.
McLeod v. Southern Pac. Co. is a workers' compensation case decided in District Court, W.D. Texas. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in District Court, W.D. Texas.
Full Decision Text1 Pages
The plaintiff, an employee of the defendant railway, sued for damages for personal injuries sustained while mining rock from a quarry intended for repairing the defendant's interstate railway line. The suit was filed in a state court and removed to federal court based on diversity of citizenship. The plaintiff moved to remand, arguing that the cause of action arose under the federal Employers' Liability Act, which would make it non-removable. The court, however, determined that the plaintiff's engagement in mining rock for railway repair did not constitute interstate commerce, and therefore, the federal Employers' Liability Act did not apply. Consequently, the court denied the motion to remand.
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