CASSIBRY, District Judge:
This case is before the Court on motion for summary judgment by defendant deputy commissioner. The action is brought by plaintiffs, the employer and insurance carrier, to set aside a compensation award based on injuries occurring in new construction on a graving drydock on September 23, 1968. The jurisdiction of this Court rests on 33 U.S.C. § 921(b), together with the Administrative Procedure Act, 5 U.S.C. §§ 701-706.
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