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McCABE INSPECTION SERVICE v. WILLARD

143 F.Supp. 393 (1956)

McCABE INSPECTION SERVICE, Inc., Employer Plaintiff Appellant, and The State Insurance Fund, Insurance Carrier Plaintiff Appellant, v. John A. WILLARD, Deputy Commissioner for the Second Compensation District of the United States Department of Labor, Bureau of Employees' Compensation, Defendant-Appellee, and William Barefield, Employee Defendant-Appellee.

United States District Court S. D. New York.

July 23, 1956.

Attorney(s) appearing for the Case

Bernard Katzen, Gen. Atty., State Insurance Fund, New York City, for plaintiffs. Victor Fiddler, Glen Oaks, N. Y., George J. Hayes, New York City, of counsel.

Paul W. Williams, U. S. Atty., for Southern Dist. of New York, New York City, for John A. Willard. Harold J. Raby, Asst. U. S. Atty., New York City, of counsel.

LEVET, District Judge.

This matter involves the interpretation of Title 33 U.S.C.A. § 914(k), hereinafter set forth. Both plaintiffs and the Government in behalf of the Deputy Commissioner have moved for summary judgment. The issue depends upon whether or not certain payments made by an employer to its employee during the period of disability are to be credited under the terms of the aforesaid section as "advance payments of compensation" as against an allowance...

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