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FLYING TIGER LINES, INCORPORATED v. LANDY

Civ. No. 42747.

250 F.Supp. 282 (1965)

FLYING TIGER LINES, INCORPORATED and Employers Mutual Liability Insurance Company of Wisconsin, Plaintiffs, v. David R. LANDY, Deputy Commissioner for the 13th Compensation District and Peter Gregory Thomas, Maureen Altair Thomas, and Terry Ava Thomas, Minor Children of Gregory Peter Thomas, Deceased, Defendants.

United States District Court N. D. California, S. D.

March 31, 1965.

Attorney(s) appearing for the Case

Hanna & Brophy, San Francisco, Cal., for plaintiffs, Flying Tiger Lines, Inc. and others, with Warren L. Hanna, San Francisco, Cal., appearing.

Cecil Poole, U. S. Atty., for defendants, David R. Landy, and others, with John Meadows, San Francisco, Cal., appearing.

WOLLENBERG, District Judge.

This is an action to enjoin and set aside an award of death benefits to the defendant children of Gregory Peter Thomas, deceased, by the defendant Deputy Commissioner. Defendant Deputy Commissioner moves for summary judgment on the ground that there is no issue as to the material facts and as a matter of law he is entitled to judgment.

Plaintiffs argue: 1) the Deputy Commissioner lacked statutory jurisdiction to make the award;...

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