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LUMBERMENS MUTUAL CASUALTY COMPANY v. BROOKE

Civ. A. No. 4043-62.

219 F.Supp. 80 (1963)

LUMBERMENS MUTUAL CASUALTY COMPANY, Plaintiff, v. Mildred O. BROOKE, and Josiah Lyman, Successor Committee of the Person and Estate of Mildred O. Brooke in Mental Health Case No. 1553-48, Defendants.

United States District Court District of Columbia.

June 26, 1963.

Attorney(s) appearing for the Case

Warren E. Magee, Washington, D. C., for plaintiff.

Thomas M. Raysor, Washington, D. C., for defendants.

YOUNGDAHL, District Judge.

This is a suit filed by an employer's compensation carrier for the return of certain monies paid under a compensation award to a disabled employee and to the employee's Committee. The complaint is in two counts, one alleging an account stated, the other alleging money had and received without consideration. Defendants have moved to dismiss both counts of the complaint, and in the alternative for summary judgment thereon, asserting that the...

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