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EMPLOYERS' MUTUAL LIABILITY INS. CO. OF WIS. v. McLELLAN

No. 67 Civ. 4653.

304 F.Supp. 321 (1969)

EMPLOYERS' MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN, Insurance Carrier, and the Flying Tiger Line, Inc., Employer, Plaintiffs, v. John D. McLELLAN, Jr., Deputy Commissioner, Second Compensation District Bureau, Foreign Compensation District, United States Department of Labor, and John Johnstone, Defendants.

United States District Court S. D. New York.

October 6, 1969.

Attorney(s) appearing for the Case

Kirlin, Campbell & Keating, New York City, for plaintiffs; James B. Magnor, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty. for Southern District of New York, for defendant John D. McLellan, Jr.

Louis E. Greco, Attorney in Charge, Admiralty and Shipping Section, Department of Justice, of counsel, for Deputy Commissioner.

Florio, Dunn, Marciano & Lypinski, Hoboken, N. J., and Tabacoff, Sylvan & Tabacoff, New York City, for defendant John Johnstone; Stephan P. Lypinski, Hoboken, N. J., of counsel.

OPINION

FREDERICK van PELT BRYAN, District Judge:

This is an action to review and set aside an award of Workmen's Compensation death benefits in favor of defendant Johnstone, father of the decedent employee. The award was made by a Deputy Commissioner of the Bureau of Compensation pursuant to the Longshoremen's and Harbor Workers' Compensation Act as amended, 33 U.S.C. § 901 et seq., as made applicable to employment at certain defense base areas and...

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