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TYLER v. LOWE

No. 79.

138 F.2d 867 (1943)

TYLER v. LOWE, Deputy Commissioner of United States Employees' Compensation Commission.

Circuit Court of Appeals, Second Circuit.

December 1, 1943.

Attorney(s) appearing for the Case

Macklin, Brown, Lenahan & Speer, of New York City (Gerald J. McKernan, of New York City, of counsel), for appellant.

E. C. Sherwood, of New York City (William B. Davis, of New York City, of counsel), for appellees.

Before SWAN, AUGUSTUS N. HAND, and FRANK, Circuit Judges.

SWAN, Circuit Judge.

The plaintiff sustained injuries from an accidental explosion aboard the motor yacht Miralda upon which he was at work installing the motors. He filed claim for compensation under the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C.A. § 901 et seq., against Capitol Marine Motors Company, Inc. The issue in dispute was whether Tyler was employed by the owners of the yacht or by the Capitol Company at whose dock she was tied up...

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