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EAST v. OOSTING

Civ. A. Nos. 4798, 4976.

245 F.Supp. 51 (1965)

John W. EAST, Petitioner, v. Jerry C. OOSTING, Deputy Commissioner, United States Employees' Compensation Commission, Fifth Compensation District, Respondent, United States Lines Company and The Travelers Insurance Company, Intervenors. Albert AVERY, Petitioner, v. Jerry C. OOSTING, Deputy Commissioner, United States Employees' Compensation Commission, Fifth Compensation District, Respondent, Liberty Mutual Insurance Company, Intervenor.

United States District Court E. D. Virginia, Norfolk Division.

September 10, 1965.

Attorney(s) appearing for the Case

Kelsey & Rabinowitz, Norfolk, Va., for both petitioners.

C. V. Spratley, Jr., U. S. Atty., W. T. Mason, Jr., Asst. U. S. Atty., and U. S. Dept. of Justice, Leavenworth Colby, Sp. Asst. U. S. Atty., for respondent Deputy Commissioner.

John W. Winston, Norfolk, Va., for U. S. Lines Co. and Travelers Ins. Co.

William B. Eley, Norfolk, Va., for Liberty Mut. Ins. Co.

WALTER E. HOFFMAN, Chief Judge.

In substantially identical actions each of petitioners seeks a trial de novo on the jurisdictional issue, and further requests the entry of an order setting aside the findings of the respondent Deputy Commissioner, which were to the effect that the injury in each case did not occur upon the navigable waters of the United States within the meaning of the Longshoremen's and Harbor Workers' Compensation Act.

The two cases...

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