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F. H. McGRAW & CO. v. LOWE

52 F.Supp. 641 (1943)

F. H. McGRAW & CO. et al. v. LOWE, Deputy Com'r.

District Court, S. D. New York.

November 9, 1943.

Attorney(s) appearing for the Case

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Raymond Parmer, of New York City, of counsel), for plaintiffs.

James B. M. McNally, U. S. Atty., of New York City (Harold K. McKee, Asst. U. S. Atty., of New York City, and Ward E. Boote, Chief Counsel, U. S. Employees' Compensation Commission, of Washington, D. C., of counsel), for defendant.

Herbert P. Miller, of Washington, D. C., Associate Counsel.

Isaac M. Rothenberg, of New York City, for Harry Rick.

RIFKIND, District Judge.

Defendant moves for summary judgment dismissing the complaint.

The action is by an employer and its compensation insurers against the Deputy Commissioner of the United States Employees' Compensation Commission to invalidate and enjoin the enforcement of a compensation order in favor of one Harry Rick. It is not disputed that there was evidence before the Commissioner to support his formal findings and his order. Normally that renders...

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