ZURICH GENERAL ACCIDENT & LIABILITY INS. CO. v. MARSHALL

No. 731.

56 F.2d 652 (1931)

ZURICH GENERAL ACCIDENT & LIABILITY INS. CO., Limited, v. MARSHALL, Deputy Commissioner.

District Court, W. D. Washington, N. D.

April 25, 1931.


Attorney(s) appearing for the Case

De Wolfe Emory, and Poe, Falknor, Falknor & Emory, all of Seattle, Wash., for plaintiffs.

Anthony Savage, U. S. Atty., and Jeffrey Heiman, Asst. U. S. Atty., both of Seattle, Wash., for defendant Marshall.

John F. Dore and Louis E. Haven, both of Seattle, Wash., amici curiæ.


BOURQUIN, District Judge.

In this review of a longshoreman's compensation order, the employer and insurer allege it is "arbitrary" and "not in accordance with law," for that at the hearing they presented the only medical testimony and "showing without dispute" that the longshoreman had so far recovered that he "was able to perform any form of labor which did not involve heavy lifting or being on his feet constantly," and that, notwithstanding this testimony, the deputy...

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