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TWIN HARBOR STEVEDORING & TUG CO. v. MARSHALL

No. 8976.

103 F.2d 513 (1939)

TWIN HARBOR STEVEDORING & TUG CO. et al. v. MARSHALL et al.

Circuit Court of Appeals, Ninth Circuit.

April 14, 1939.

Attorney(s) appearing for the Case

Lawrence Bogle, Cassius E. Gates, and Edward G. Dobrin, all of Seattle, Wash., and James M. Wallace, of San Francisco, Cal., for appellants.

J. Charles Dennis, U. S. Atty., of Seattle, Wash., and Oliver Malm, Asst. U. S. Atty., of Tacoma, Wash., for appellee.

Before DENMAN, MATHEWS, and HEALY, Circuit Judges.

HEALY, Circuit Judge.

Appellants, employer and its insurance carrier, brought suit by filing a so-called bill of complaint invoking § 21(b) of the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C.A. § 921(b), to set aside an award of the deputy commissioner. The appeal is from a decree of dismissal following a motion to dismiss addressed to appellants' bill.

The facts pleaded disclose that claimant...

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