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METROPOLITAN SAND & GRAVEL CORPORATION v. LOWE

No. E-8419.

22 F.Supp. 65 (1938)

METROPOLITAN SAND & GRAVEL CORPORATION et al. v. LOWE, Deputy Com'r.

District Court, E. D. New York.

February 7, 1938.

Attorney(s) appearing for the Case

Alexander, Ash & Jones, of New York City (Lawson R. Jones and Edward Ash, both of New York City, of counsel), for complainants.

Harold St. L. O'Dougherty, U. S. Atty., of Brooklyn, N. Y. (Clarence Wilson, Asst. U. S. Atty., of Brooklyn, N. Y., of counsel), for defendant.

Gerald I. McCarthy, of New York City, for Amalie Johnson.

BYERS, District Judge.

This is an injunction proceeding as contemplated by section 21 of the Longshoremen's and Harbor Workers' Compensation Act, title 33 U.S.C. § 921, 33 U.S.C.A. § 921, by which the employer and the insurer seek to enjoin the payment of death benefits required by compensation order dated November 1, 1937, as to all payments accruing on and after October 1, 1937, and that the said order be suspended, vacated, and set aside.

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