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GRAVEL PRODUCTS CORPORATION v. McMANIGAL

No. 2033.

14 F.Supp. 414 (1936)

GRAVEL PRODUCTS CORPORATION v. McMANIGAL, Deputy Commissioner.

District Court, W. D. New York.

February 29, 1936.

Attorney(s) appearing for the Case

Burke & Desmond, of Buffalo, N. Y. (Charles Desmond, of Buffalo, N. Y., of counsel), for New York State Ins. Fund in favor of the motion.

William J. Brock, of Buffalo, N. Y. (George Clinton, Jr., of Buffalo, N. Y., of counsel), for defendant Huston in favor of the motion.

George L. Grobe, of Buffalo, N. Y. (Joseph J. Doran, of Rochester, N. Y., of counsel), for defendant McManigal in favor of the motion.

Brown, Ely & Richards, of Buffalo, N. Y. (Laurence Coffey and W. A. Eldridge, both of Buffalo, N. Y., of counsel), opposed.

RIPPEY, District Judge.

This action was brought in equity to compel the defendant McManigal, deputy commissioner of the United States Employees' Compensation Commission, to determine the workmen's compensation proceeding before him on the merits or for a trial de novo in this court on the question of whether or not the defendant Huston, an employee, was a member of the crew of the steamship Niagara and for other relief, and arises out of facts, which may be stated...

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