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PHOENIX INDEMNITY COMPANY v. WILLARD

130 F.Supp. 657 (1955)

PHOENIX INDEMNITY COMPANY, Plaintiff, v. John A. WILLARD, as Deputy Commissioner, Bureau of Employees' Compensation, United States Department of Labor, and Valentine J. Peretti, Defendants.

United States District Court S. D. New York.

April 27, 1955.

Attorney(s) appearing for the Case

Butler, Bennett & Fitzpatrick, New York City, Bernard H. Fitzpatrick, New York City, of counsel, for plaintiff.

Baker, Garber & Chazen, Hoboken, N. J., Bernard Chazen, Hoboken, N. J., of counsel, for defendant Valentine J. Peretti.

J. Edward Lumbard, U. S. Atty., New York City, Harold J. Raby, New York City, of counsel, for defendant John A. Willard.

WEINFELD, District Judge.

This is an action to restrain the enforcement of, and to vacate, a compensation order issued by the defendant Deputy Commissioner pursuant to the Defense Base Compensation Act, 42 U.S.C.A. §§ 1651-1654, which extends to employment at certain defense base areas the coverage of the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C.A. § 901 et seq.

There are now before the Court for decision renewed cross-motions...

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