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HARBOR TOWBOAT CO. v. LOWE

No. 467.

47 F.Supp. 454 (1940)

HARBOR TOWBOAT CO., Inc., et al. v. LOWE, Deputy Com'r of U. S. Employees Compensation Commission.

District Court, N. D. New York.

May 25, 1940.

Attorney(s) appearing for the Case

Brown & Gallagher, of Albany, N. Y. (Alexander, Ash & Jones, of New York City, of counsel), for libellants.

Ralph L. Emmons, U. S. Atty., of Binghamton, N. Y. (B. Fitch Tompkins, Asst. U. S. Atty., of Syracuse, N. Y., of counsel), for respondent.

E. C. Sherwood, of New York City (Frederic J. Locker, of New York City, of counsel), amicus curiae.

COOPER, District Judge.

George A. Gipson, then captain of the Barge "E. A. Leach," was injured while acting as such on the barge on the 25th day of July, 1938, at or near Lock 7 of the State Barge Canal in Saratoga County. He filed claim for compensation with the Deputy Commissioner for the Second District. Upon due notice to all the necessary parties the Deputy Commissioner held a hearing and found that Gipson was an employee of the Harbor Towboat Company and directed...

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