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MARYLAND CASUALTY CO. v. LAWSON

Nos. 8616, 8622.

94 F.2d 190 (1938)

MARYLAND CASUALTY CO. et al. v. LAWSON, Deputy Commissioner, et al. COLUMBIA CASUALTY CO. v. SAME.

Circuit Court of Appeals, Fifth Circuit.

January 20, 1938.

Attorney(s) appearing for the Case

E. B. Kurtz, Wm. L. Reed, and R. E. Sappenfield, all of Miami, Fla., for appellants.

Herbert S. Phillips, U. S. Atty., of Tampa, Fla., and Lloyd C. Hooks, Asst. U. S. Atty., of Miami, Fla., for Richard P. Lawson, Deputy Commissioner.

Dewey Knight and Roger Edward Davis, both of Miami, Fla., for the other appellees.

In case No. 8622:

Dewey Knight, of Miami, Fla., for appellant.

Herbert S. Phillips, U.S. Atty., of Tampa, Fla., and Lloyd C. Hooks, Asst. U. S. Atty., of Miami, Fla., for appellee Richard P. Lawson, Deputy Commissioner.

E. B. Kurtz, W. L. Reed, R. E. Sappenfield, and Roger Edward Davis, all of Miami, Fla., for other appellees.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

SIBLEY, Circuit Judge.

The appellants, as insurance carriers for the Arundel Corporation, were held to pay compensation under the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C.A. § 901 et seq., for the death of one Timothy Burrows. Their several suits to set aside the award failed, and these appeals followed. A single question, common to both appeals, needs decision; to wit, Was Burrows an employee within the act, so that the Deputy Commissioner...

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