Adelbert G. Clostermann, of the Estate of Charles W. Feist, Deceased v. The Gates Rubber Company, a Colorado Corporation

This is a workmen’s compensation case involving the laws of the State of Oregon. The question presented is whether the appellee, Gates Rubber Company, (hereafter “Gates”) complied with the Oregon Workmen’s Compensation Act so as to preclude additional recovery by appellant in an independent action, after the decedent Feist applied for and received workmen’s compensation benefits.

Jurisdiction in the district court was based on diversity of citizenship, 28 U.S.C. § 1332 . Jurisdiction of this court is pursuant to 28 U.S.C. § 1291 .

FACTS

We must consider the evidence in a light most favorable to Gates. All in-tendments are in favor of the sufficiency of the District Court’s findings of fact.

Gates is a Colorado corporation which maintained a warehouse in Portland, Oregon for a number of years prior to the date of Mr. Feist’s injury. Feist was a long time employee of Gates. In 1962, a wholly owned subsidiary owned by Gates called Columbine Stores, Inc., (hereafter “Columbine”), took over a Medford, Oregon tire recapping business called Bud’s Tire Exchange, Inc. Pursuant to the Oregon Workmen’s Compensation Act, Bud's Tire Exchange, Inc., was considered by the State Industrial…