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LONG ISLAND R. CO. v. LOWE

No. 50.

145 F.2d 516 (1944)

LONG ISLAND R. CO. v. LOWE (GALLAGHER et al., Intervenors).

Circuit Court of Appeals, Second Circuit.

November 24, 1944.

Attorney(s) appearing for the Case

Harold M. Kennedy, U. S. Atty., of Brooklyn, N. Y., for appellant Lowe.

Barry, Wainwright, Thacher & Symmers, of New York City, for appellants Frank and John Gallagher.

Joseph M. Brush and Edwin K. Reid, both of New York City, of counsel, for appellants.

Louis J. Carruthers, of New York City (David J. Mountain, Jr., of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and CLARK, Circuit Judges.

SWAN, Circuit Judge.

Leo Francis Gallagher, an employee of the Long Island Railroad Company, was drowned on October 1, 1941, when he fell from the bow of a carfloat that was being docked by the tug Cutchogue at one of the company's terminals in Long Island City. The decedent's father and infant brother made claim against the company for death benefits under the Longshoremen's and Harbor Workers' Compensation Act, 33 U. S.C.A. § 901 et seq.; and the company, which...

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