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TRAVELERS INSURANCE COMPANY v. HUGHES

Civ. A. No. 64-C-856.

257 F.Supp. 463 (1966)

The TRAVELERS INSURANCE COMPANY and Turner & Blanchard, Inc., Plaintiffs, v. Thomas F. HUGHES, Deputy Commissioner, U. S. Department of Labor, Bureau of Employees' Compensation, Second Compensation District, Defendant.

United States District Court E. D. New York.

February 10, 1966.

Attorney(s) appearing for the Case

Terhune, Gibbons & Mulvehill, New York City, for plaintiffs.

Joseph P. Hoey, U. S. Atty., Eastern Dist. New York, Brooklyn, N. Y., Louis E. Greco, Atty. in Charge, Admiralty & Shipping Section, Dept. of Justice, New York City, of counsel, for defendant.

MISHLER, District Judge.

Both parties move for summary judgment in this action brought by the employer and insurance carrier to enjoin the enforcement of a compensation award to defendant dated July 30, 1964. Section 21 of the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S. C. § 921.

Plaintiffs base their right to relief on three grounds:

1. The claimant, having asserted the date of accident as September 21, 1955, is estopped from...

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