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PITTSTON STEVEDORING CORPORATION v. HUGHES

Civ. Nos. 61C190, 61C177.

198 F.Supp. 657 (1961)

PITTSTON STEVEDORING CORPORATION and Michigan Mutual Liability Company, Plaintiff-Appellants v. Thomas F. HUGHES, Deputy Commissioner of The United States Employees Compensation Commission, Defendant-Appellee. NESSA CORPORATION, Employer and Liberty Mutual Insurance Company, Insurance Carrier, Plaintiffs-Appellants, v. Thomas F. HUGHES, As Deputy Commissioner for the Second Compensation District of the United States Department of Labor, Defendant-Appellee.

United States District Court E. D. New York.

October 23, 1961.

Attorney(s) appearing for the Case

Joseph P. Hoey, U. S. Atty., Brooklyn, N. Y., by Philip Silverman, Asst. U. S. Atty., New York City, for Thomas F. Hughes, Deputy Commissioner.

Anne G. Kafka, New York City, for plaintiffs in Pittston action.

Albert P. Thill, Brooklyn, N. Y., for plaintiffs in Nessa action.

RAYFIEL, District Judge.

The plaintiff in each of the above-entitled actions has moved under Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A., to review and set aside a compensation order of Deputy Commissioner Thomas F. Hughes, dated February 14, 1961.

The facts, which are not disputed, follow:

On January 18, 1952, one Angelo Pinto, hereinafter called the claimant, while employed as a longshoreman by Nessa Corporation aboard the M/S "Bowplate...

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