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TUCKER v. NORTON

No. 2739.

49 F.Supp. 483 (1943)

TUCKER et al. v. NORTON, Deputy Commissioner of United States Employees Compensation Commission.

District Court, E. D. Pennsylvania.

March 31, 1943.

Attorney(s) appearing for the Case

Louis Wagner, of Philadelphia, Pa., for plaintiff.

W. E. Boote, of Washington, D.C., Chief Counsel for United States Employees Compensation Commission, and Gerald A. Gleeson, U. S. Atty. and J. Barton Rettew, Asst. U. S. Atty., both of Philadelphia, Pa., for defendant.

BARD, District Judge.

This is an action under Section 21(b) of the Longshoremen's and Harbor Workers' Compensation Act, Act of March 4, 1927, c. 509, 44 Stat. 1436, 33 U.S.C.A. § 921(b), to enjoin the enforcement of an award of compensation for the death of one Dillon made by the Deputy Commissioner. The Deputy Commissioner has filed a motion to dismiss the complaint on the ground that the award was adequately supported by the evidence produced before him and...

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