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MIDWEST TERMINAL WAREHOUSE COMPANY v. BYRNE

No. 16801-1.

294 F.Supp. 431 (1968)

MIDWEST TERMINAL WAREHOUSE COMPANY and Hartford Accident & Indemnity Company, Plaintiffs, v. George A. BYRNE, Deputy Commissioner, Tenth Compensation District, U. S. Department of Labor, Bureau of Employees' Compensation, Defendant.

United States District Court W. D. Missouri, W. D.

September 3, 1968.

Attorney(s) appearing for the Case

David C. Trowbridge, Blackwell, Sanders, Matheny, Weary & Lombardi, Kansas City, Mo., for plaintiffs.

Calvin K. Hamilton, U. S. Atty., John L. Kapnistos, Asst. U. S. Atty., Kansas City, Mo., for defendant.

MEMORANDUM AND ORDER

JOHN W. OLIVER, District Judge.

This action, maintained under Section 921(b) of Title 33, United States Code, seeks a permanent injunction setting aside a final decision of the Deputy Commissioner for the Tenth Compensation District of the Department of Labor, Bureau of Employees' Compensation. It pends on defendant's motion for summary judgment.

Defendant determined that the claimant, Cecil McMahan, was the employee, within...

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