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KOBILKIN v. PILLSBURY

No. 9034.

103 F.2d 667 (1939)

KOBILKIN v. PILLSBURY et al.

Circuit Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing May 23, 1939.

Attorney(s) appearing for the Case

Gladstein, Grossman & Margolis and George Olshausen, all of San Francisco, Cal., for appellant.

Frank J. Hennessy, U. S. Atty., and S. P. Murman, Asst. U. S. Atty., both of San Francisco, Cal., for appellee Warren H. Pillsbury.

Herman Phleger, Maurice E. Harrison, Howard Finn, Gregory A. Harrison, M. B. Plant, and Brobeck, Phleger & Harrison, all of San Francisco, Cal., for appellee Matson Navigation Co.

Before DENMAN, MATHEWS, and HEALY, Circuit Judges.

HEALY, Circuit Judge.

Appellant filed a claim for compensation under the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S. C.A. § 901 et seq. Upon denial of his claim he brought suit by petition in equity to set aside the order of the deputy commissioner, invoking § 21(b) of the act. The appeal is from a decree granting a motion to dismiss, addressed to the petition.

Appellant, as the pleading discloses, was employed by the Matson Navigation...

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