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ALBEE GODFREY WHALE CREEK CO. v. PERKINS

6 F.Supp. 409 (1933)

ALBEE GODFREY WHALE CREEK CO., Inc., v. PERKINS, State Industrial Commissioner, et al.

District Court, S. D. New York.

March 14, 1933.

Attorney(s) appearing for the Case

Paul Koch, of New York City, for complainant.

John J. Bennett, Jr., of New York City, for defendants.

James G. Mitchell, Edward Gluck, and J. Frank Phillips, all of New York City, amici curiæ.

Before L. HAND, Circuit Judge, and BONDY and PATTERSON, District Judges.

L. HAND, Circuit Judge.

The cause comes up upon two motions; one by the plaintiff, for an injunction, pendente lite, in a suit in equity to enjoin the Industrial Board of New York from proceeding to hear certain claims for workmen's compensation; the other by the defendants, to dismiss the bill for insufficiency in law. The plaintiff was a sub-contractor, doing work upon a prison for the City of New York on Rikers Island...

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