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HAHN v. ROSS ISLAND SAND & GRAVEL CO.

No. 52.

358 U.S. 272 (1959)

79 S.Ct. 266

3 L.Ed.2d 292

HAHN v. ROSS ISLAND SAND & GRAVEL CO.

Supreme Court of United States.

Decided January 12, 1959.

Attorney(s) appearing for the Case

Dwight L. Schwab argued the cause for petitioner. With him on the brief was Herbert C. Hardy.

Ray H. Lafky, Assistant Attorney General, argued the cause for the State of Oregon, as amicus curiae, urging reversal. With him on the brief was Robert Y. Thornton, Attorney General.

Arno H. Denecke argued the cause for respondent. With him on the brief was Robert T. Mautz.

PER CURIAM.

By its terms, the Longshoremen's and Harbor Workers' Compensation Act does not apply "if recovery for the disability or death through workmen's compensation proceedings may . . . validly be provided by State law." § 3, 44 Stat. 1426, 33 U. S. C. § 903 (a) (emphasis supplied). In Davis v. Department of Labor, 317 U.S. 249, we recognized that in some cases it was impossible to predict...

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