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TRAVELERS INSURANCE COMPANY v. McLELLAN

No. 68-Civ.-673.

302 F.Supp. 351 (1969)

TRAVELERS INSURANCE COMPANY, Insurance Carrier, and Todd Shipyards Corporation, Employer, Plaintiffs, v. John D. McLELLAN, Jr., Deputy Commissioner, Second Compensation District, U. S. Department of Labor, and Henry Kulagowski, Defendants.

United States District Court E. D. New York.

July 28, 1969.

Attorney(s) appearing for the Case

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

Vincent T. McCarthy, U. S. Atty., E. D. N. Y., Brooklyn, N. Y., for defendant McLellan; by Louis E. Greco, Atty. in Charge, Admiralty & Shipping Section, Dept. of Justice, New York City, of counsel.

Israel & Leeds, New York City, for defendant Kulagowski; by Cornelius V. Gallagher, New York City, of counsel.

JUDD, District Judge.

MEMORANDUM

This is an action under Section 21 of the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C.A. § 921, to set aside and enjoin an order of the Deputy Commissioner awarding compensation to defendant Kulagowski.

The matter has been submitted to the court on a motion for summary judgment by the plaintiffs, and on a cross-motion for summary judgment by the defendant Deputy Commissioner.

The action...

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