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T. J. MOSS TIE CO. v. TANNER

No. 5970.

44 F.2d 928 (1930)

T. J. MOSS TIE CO. et al. v. TANNER et al.

Circuit Court of Appeals, Fifth Circuit.

November 12, 1930.

Attorney(s) appearing for the Case

John N. Allen, of Mobile, Ala., Geo. W. Yancey, of Birmingham, Ala., and Edward J. Grove, of Mobile, Ala. (George W. Yancey, of Birmingham, Ala., Edward J. Grove and John N. Allen, both of Mobile, Ala., and London, Yancey & Brower, of Birmingham, Ala., on the brief), for appellants.

Alexander C. Birch, U. S. Atty., and William G. Caffey, both of Mobile, Ala. (Harry T. Smith and Wm. G. Caffey, both of Mobile, Ala., on the brief), for appellees.

Before FOSTER and WALKER, Circuit Judges, and HOLMES, District Judge.

WALKER, Circuit Judge.

This is an appeal from a decree confirming an award made by a deputy commissioner under the Longshoremen's and Harbor Workers' Compensation Act (33 USCA § 901 et seq.), in favor of the appellee Lydia Tanner, the surviving wife of Mose Tanner, deceased. The evidence showed the following: At the time (January 13, 1928) the deceased received the injury which resulted in his death, he was employed by the T. J. Moss Tie Company, one of the appellants...

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