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GRAIN HANDLING CO. v. SWEENEY

No. 227.

102 F.2d 464 (1939)

GRAIN HANDLING CO., Inc., et al. v. SWEENEY et al.

Circuit Court of Appeals, Second Circuit.

March 6, 1939.

Attorney(s) appearing for the Case

Brown Ely & Richards, of Buffalo, N. Y. (David S. Jackson, of Buffalo, N. Y., of counsel), for appellants.

Winton Henry Church, of Buffalo, N. Y., for Sweeney.

George L. Grobe, U. S. Atty., of Buffalo, N. Y., for appellee Kenneth G. McManigal, Deputy Commissioner.

Joseph J. Doran, of Rochester, N. Y., for Compensation Commissioner.

Frank C. Laughlin, of New York City (Frank C. Laughlin, P. Tecumseh Sherman, Joseph W. Kirkpatrick, and Andrew Kalmykow, all of New York City, of counsel), amicus curiæ.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

L. HAND, Circuit Judge.

This is an appeal from a decree dismissing a bill in equity to review an award made under the Longshoremen's Act (Chapter 18, section 901 et seq., Title 33, U.S. Code, 33 U.S.C.A. § 901 et seq.). The claimant, Sweeney, was, and for twenty-five years had been, a "grain-scooper" in Buffalo: between April 25, 1934 and June 15, 1936, he was in the plaintiff's employ. This work required him to go into the holds of grain ships and there to operate...

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