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IMPERATO v. LOWE

No. 38.

123 F.2d 1001 (1941)

IMPERATO v. LOWE, Deputy Com'r.

Circuit Court of Appeals, Second Circuit.

December 1, 1941.

Attorney(s) appearing for the Case

John B. Coppola, of New York City, for plaintiff-appellant.

Vine H. Smith, Asst. U. S. Atty., of Brooklyn, N. Y. (Harold M. Kennedy, U. S. Atty., of Brooklyn, N. Y., on the brief), for defendant-appellee Samuel S. Lowe, Deputy Com'r.

Woodson D. Scott, of New York City (Lord, Day & Lord, of New York City, on the brief), for defendant-appellee Commonwealth & Dominion Line, Ltd.

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

CLARK, Circuit Judge.

The question here presented is whether or not "tender" is equivalent to "payment" under the Longshoremen's and Harbor Workers' Compensation Act, § 22, 33 U.S. C.A. § 922, limiting the period during which a party may seek the reopening and review of an award of compensation under the act to "any time prior to one year after the date of the last payment of compensation."

From the agreed facts it appears that appellant was injured...

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