Green v. JA Jones Const. Co.
| Decision Date | 17 June 1947 |
| Docket Number | No. 11868.,11868. |
| Citation | 161 F.2d 359 |
| Parties | GREEN v. J. A. JONES CONST. CO. et al. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Ross R. Barnett and P. Z. Jones, both of Jackson, Miss., for appellant.
Frank T. Williams and J. C. Satterfield, both of Jackson, Miss., and Harry L. Greene, of Atlanta, Ga., for appellees.
Before HUTCHESON, McCORD, and WALLER, Circuit Judges.
Filed in the Circuit Court of Hinds County, Mississippi, and thence removed to the United States District Court, the suit was an original proceeding brought for the compensation due plaintiff under the Georgia Workmen's Compensation Act. Moving to dismiss for want of jurisdiction, the defendants urged: that the remedy afforded by the Georgia Workmen's Compensation Act was by an original proceeding before the Georgia State Board of Workmen's Compensation; that it was exclusive; and that neither the United States Court nor the Circuit Court of Hinds County, Mississippi, nor any other tribunal than the Georgia State Board had jurisdiction of it.
The district judge, of the opinion that the motion was well taken, entered his order dismissing the cause for want of jurisdiction. The plaintiff is here insisting that the ruling was error.
We do not think so. The Georgia decisions1 settle it that the remedy for enforcement of the rights conferred by the Georgia Workmen's Compensation Act, Code 1933, is an exclusive one which can be afforded only by the State Board of Workmen's Compensation in a proceeding brought before it as the statute provides (Sec. 114-103). This being so, it is quite clear that the case is ruled by the principle that where the provision for the liability claimed is coupled with a provision for a special remedy to be afforded not by a court but by a commission, that remedy and that alone must be employed and resort to court action may not be had for relief.2 Appellant's reliance on Floyd v. Vicksburg Cooperage Co., 156 Miss. 567, 569, 126 So. 395, holding that a suit may be brought in Mississippi to enforce the Louisiana Workmen's Compensation Act will not do. "The Louisiana Compensation Law provides for its enforcement in the courts of that state" and "The liability created is enforceable in the courts of another state", United Dredging Co. v. Lindberg, 5 Cir., 18 F.2d 453, 454. The Georgia statute sought to be enforced here "commits the enforcement of its provisions to an administrative board, whereas the Louisiana statute...
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United States v. Biloxi Municipal School District, Civ. A. No. 2643
...v. Birmingham Board of Education, D.C.Ala., 162 F.Supp. 372, affirmed 358 U.S. 101, 79 S.Ct. 221, 3 L.Ed.2d 145; Green v. J. A. Jones Const. Co., C.A.5, 161 F.2d 359. Furthermore, the statutes themselves provide the penalty for a violation of the Assurances or the relief available to the Co......
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Crider v. Zurich Insurance Company
...writ of certiorari. 377 U.S. 942, 84 S.Ct. 1354, 12 L.Ed.2d 306. The District Court and the Court of Appeals stood on Green v. J. A. Jones Const. Co., 5 Cir., 161 F.2d 359, which held that a Mississippi state court had no jurisdiction to award damages under the Georgia Workmen's Compensatio......
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Crider v. Zurich Insurance Company
...workmen's compensation insurer of Lawler, on the state court default judgment. The district court, relying on Green v. J. A. Jones Construction Co., 5th Cir. 1947, 161 F.2d 359, held that a remedy under the Georgia Workmen's Compensation Act can only be afforded by the Georgia State Board o......
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Tisdale v. Stone & Webster Engineering Corp., Civ. A. No. J83-0222(B).
...state's law where that state requires the proceeding to be brought before an administrative agency. See, e.g., Green v. J.A. Jones Const. Co., 161 F.2d 359 (5th Cir.1947); Bethlehem Steel Company v. Payne, 183 So.2d 912 (Miss.1966). In Green, the Fifth Circuit held that the Mississippi cour......