JOHNSTON v. MARSHALL

No. 10107.

128 F.2d 13 (1942)

JOHNSTON v. MARSHALL, Deputy Compensation Com'r, et al.

Circuit Court of Appeals, Ninth Circuit.

May 14, 1942.


Attorney(s) appearing for the Case

Wm. P. Lord, T. W. Gillard, and B. Anderson, all of Portland, Or., for appellant.

Carl C. Donaugh, U. S. Atty., of Portland, Or., for appellee Marshall.

Wilbur, Beckett, Howell & Oppenheimer and Robert T. Mautz, all of Portland, Or., and John H. Black, of San Francisco, Cal., for appellee Fireman's Fund Ins. Co.

Before GARRECHT, MATHEWS, and HANEY, Circuit Judges.


HANEY, Circuit Judge.

The court below sustained a motion to dismiss proceedings brought by appellant to set aside an order denying appellant's claim made under the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C.A. § 901 et seq., and appellant then brought this appeal.

Appellant was employed by a master stevedore to operate a winch on a steamship. On February 9, 1940, he was returning to the ship from lunch and while walking across the dock...

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