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BETHLEHEM SHIPBUILDING CORPORATION v. CARDILLO

No. 712.

23 F.Supp. 400 (1938)

BETHLEHEM SHIPBUILDING CORPORATION, Limited, et al. v. CARDILLO et al.

District Court, D. Massachusetts.

May 18, 1938.

Attorney(s) appearing for the Case

Brown, Field & McCarthy, of Boston, Mass., (Elias Field, of Boston, Mass.), for libelants.

Samuel B. Horovitz, of Boston, Mass., for respondent Archie Adams.

Francis J. W. Ford, U. S. Atty., of Boston, Mass. (John A. Canavan, Asst. U. S. Atty., of Boston, Mass.), for other respondents.

BREWSTER, District Judge.

This libel is brought under section 21 (b) of the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C.A. § 921 (b), to set aside a compensation order of the defendant Cardillo, a deputy commissioner.

Exceptions to the libel have been overruled, and the libel is now before the court upon the merits. It is grounded on the proposition that the deputy commissioner is without jurisdiction to modify an earlier order under...

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