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MICHIGAN MUTUAL LIABILITY COMPANY v. ARRIEN

233 F.Supp. 496 (1964)

MICHIGAN MUTUAL LIABILITY COMPANY, Insurance Carrier, and Pittston Stevedoring Corporation, Employer, Plaintiffs, v. Phillip F. ARRIEN, Deputy Commissioner Second Compensation District, Bureau of Employees Compensation, United States Department of Labor, and Isidoro Parisi, Defendants.

United States District Court S. D. New York.

September 10, 1964.

Attorney(s) appearing for the Case

Kirlin, Campbell & Keating, New York City, for plaintiffs; James B. Magnor and Alexander P. Gillen, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty., Southern Dist. of New York, for the United States; Leavenworth Colby, Chief, Admiralty & Shipping Section, and Louis E. Greco, Atty. in Charge, Admiralty & Shipping Section, Dept. of Justice, of counsel.

Israel, Adler, Ronca & Gucciardo, New York City, for Isidoro Parisi; Angelo C. Gucciardo, New York City, of counsel.

PALMIERI, District Judge.

The plaintiffs move for summary judgment pursuant to Fed.R.Civ.P. 56. Their action seeks to permanently enjoin enforcement of a compensation award of the Deputy Commissioner. 33 U.S.C. § 921(b). The defendants cross-move for summary judgment.

The Facts

There is no substantial dispute as to the facts giving rise to the compensation award.

On September 4, 1963, Isidoro Parisi, a longshoreman employed by...

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