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OCEAN S. S. CO. v. LUMBERMENS MUT. CASUALTY CO.

No. 145.

125 F.2d 925 (1942)

OCEAN S. S. CO. OF SAVANNAH v. LUMBERMENS MUT. CASUALTY CO. OF ILLINOIS et al.

Circuit Court of Appeals, Second Circuit.

February 3, 1942.

Attorney(s) appearing for the Case

Edward J. Keane, of New York City (Keane & Reid and Herbert P. Reid, all of New York City, on the brief), for plaintiff-appellant.

Abraham M. Fisch, of New York City, for defendant-appellee Patrick O'Connor.

Before L. HAND, CHASE, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

The sole question in this case is whether an employer who has paid compensation to an injured employee gets reimbursement out of the proceeds of a third-party action by the employee without proportionately sharing the cost of attorney's fees. The district court decided that the plaintiff employer did not, D.C.S.D.N.Y., 39 F.Supp. 51, and it has appealed. We think this result is untenable under the governing...

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