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COAL OPERATORS CAS. CO. v. UNITED STATES

No. 175 of 1945.

76 F.Supp. 681 (1947)

COAL OPERATORS CAS. CO. v. UNITED STATES et al.

District Court, E. D. Pennsylvania.

On Motion to Modify and Amend Judgment January 21, 1948.

Attorney(s) appearing for the Case

J. Webster Jones, of Philadelphia, Pa., for plaintiff.

Conlen, LaBrum & Beechwood, of Philadelphia, Pa., for respondents.

KIRKPATRICK, District Judge.

In this case Williams, the injured employee, accepted compensation under an award of the Deputy Commissioner, whereupon, by force of Sec. 33(b) of the Longshoremen's Compensation Act, 33 U.S.C.A. § 933(b), his right to sue a third party for damages for negligently causing his injury passed to his employer. The employer did not sue but its insurance carrier, subrogated to its rights under Sec. 33(i), brought this suit in admiralty...

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