District Court, E.D. Wisconsin July 5, 1962, No. 61-C-40 (Morelli v. Northwest Engineering Corp.)

GRUBB, District Judge.

The plaintiff commenced an action for personal injuries allegedly caused by the negligence of the defendant. De*523fendant has moved to dismiss the complaint on the grounds that plaintiff has received workmen’s compensation benefits from Employers Mutuals of Wausau, and that under Michigan Compiled Laws, Section 413.15 (1948) (Mieh.Stats.Ann. Section 17.