TURNER v. RAY GEOPHYSICAL DIVISION, 450 F.2d 349 (5th Cir. 1971)

ELSIE MAE STROTHER TURNER, INDIVIDUALLY, AND AS ADMINISTRATRIX OF THE ESTATE OF HER MINOR SON, JERRY JEROME TURNER, PLAINTIFF-APPELLANT, v. RAY GEOPHYSICAL DIVISION OF MANDREL INDUSTRIES, INC., DEFENDANT-APPELLEE, AND HUMBLE OIL REFINING COMPANY UNION OIL COMPANY OF CALIFORNIA, DEFENDANTS.

No. 71-2501. Summary Calendar.[*] United States Court of Appeals, Fifth Circuit.
November 18, 1971.

[*] Rule 18, th Cir.; see Isbell Enterprises, Inc., v. Citizens Casualty Co. of New York, 431 F.2d 409, Part I (5th Cir. 1970).

Max Zelden, Zelden Zelden, New Orleans, La., for plaintiff-appellant.

Peter G. Burke, Phelps, Dunbar, Marks, Claverie Sims, New Orleans, La., for Ray Geophysical Union Oil Co.

E. Burt Harris, New Orleans, La., for Humble Oil.

Appeal from United States District Court, Eastern District of Louisiana; Fred J. Cassibry, District Judge.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

PER CURIAM:

[1] Summary judgment was properly entered in favor of Ray Geophysical Division of Mandrel Industries, Inc. on the issue of tort immunity under the North Dakota Workmen’s Compensation Act, based upon the unopposed affidavits and the certificate of compensation premium payment in evidence before the district court. Therefore, we do not reach the issue of prescription. Affirmed. See Local Rule 21.[1]

[1] See NLRB v. Amalgamated Clothing Workers of America, 430 F.2d 966 ( th Cir. 1970)