MARINE STEVEDORING CORPORATION, and Liberty Mutual Insurance Company, Appellants,
v.
Jerry C. OOSTING, Deputy Commissioner, United States Employees' Compensation Commission, Fifth Compensation District, Appellee.
William H. JOHNSON, Appellant,
v.
John P. TRAYNOR, Deputy Commissioner, U. S. Department of Labor, and Nacirema Operating Co., Inc., a body corporate, Appellees.
Julia T. KLOSEK, widow of Joseph J. Klosek, Deceased Employee, Appellant,
v.
John P. TRAYNOR, Deputy Commissioner, U. S. Department of Labor, and Nacirema Operating Co., Inc., a body corporate, Appellees.
Albert AVERY, Appellant,
v.
Jerry C. OOSTING, Deputy Commissioner, United States Employees' Compensation Commission, Fifth Compensation District, and Liberty Mutual Insurance Company, Appellees.
United States Court of Appeals Fourth Circuit.https://leagle.com/images/logo.png
Reargued February 5, 1968.
Decided June 20, 1968.
Certiorari Granted December 9, 1968.
Attorney(s) appearing for the Case
L. S. Parsons, Jr., Norfolk, Va. (John A. Field, III, and Parsons & Powers, Norfolk, Va., on brief), for appellants, Marine Stevedoring Corp. and Liberty Mutual Ins. Co.
Leavenworth Colby, Atty., Dept. of Justice (John W. Douglas, Asst. Atty. Gen., Morton Hollander, Atty., Dept. of Justice, on brief), for appellee, Oosting.
Jno. J. O'Connor, Jr., Baltimore, Md. (O'Connor & Preston, Baltimore, Md., on brief), for appellants, Johnson and Klosek.
Leavenworth Colby, Atty., Dept. of Justice (John W. Douglas, Asst. Atty. Gen., and David Rose, Atty., Dept. of Justice, on brief), for appellee, Traynor.
Randall C. Coleman, Baltimore, Md. (Thomas W. Jamison, III, Baltimore, Md., on brief), for appellee, Nacirema Operating Co., Inc.
Jacob Rassner, New York City, on brief for International Longshoremen's Assn. as amicus curiae.
Ralph Rabinowitz, Norfolk, Va. (Kelsey & Rabinowitz, Norfolk, Va., on brief), for appellant, Avery.
Leavenworth Colby, Atty., Dept. of Justice (John W. Douglas, Asst. Atty. Gen., and David Rose, Atty., Dept. of Justice, on brief), for appellee, Oosting.
William B. Eley, Norfolk, Va. (Rixey & Rixey, Norfolk, Va., on brief), for appellee, Liberty Mutual Ins. Co.
Before HAYNSWORTH, Chief Judge, and SOBELOFF, BOREMAN, BRYAN, WINTER, CRAVEN and BUTZNER, Circuit Judges, sitting en banc.
United States Court of Appeals Fourth Circuit.
Certiorari Granted December 9, 1968. See 89 S.Ct. 444.
SOBELOFF, Circuit Judge:
The common question presented by these cases consolidated for appeal1 is whether injuries sustained by four longshoremen while working on the docks and engaged in three separate loading operations are compensable under the Longshoremen's and Harbor Workers' Compensation Act of 1927, 33 U.S.C.A. § 901 et seq. In none of the cases are the facts in...
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