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DE BARDELEBEN COAL CORP. v. HENDERSON

No. 10923.

142 F.2d 481 (1944)

DE BARDELEBEN COAL CORPORATION et al. v. HENDERSON, Deputy Com'r of Compensation Dist., et al.

Circuit Court of Appeals, Fifth Circuit.

May 10, 1944.

Attorney(s) appearing for the Case

Richard B. Montgomery, Jr., of New Orleans, La., for appellants.

Herbert W. Christenberry, U. S. Atty., and N. E. Simoneaux, Asst. U. S. Atty., both of New Orleans, La., for Joseph H. Henderson, Deputy Commissioner, etc., appellee.

Maurice R. Woulfe, of New Orleans, La., for Sarah Jackson Brown, appellee.

Before SIBLEY, HUTCHESON, and LEE, Circuit Judges.

HUTCHESON, Circuit Judge.

Brought to set aside an award under the Federal Compensation Act,1 the claim was that compensation was validly provided by the Statutes of Louisiana,2 and the Federal Act was without application. The district judge, disagreeing with this view, dismissed the suit, and plaintiffs have appealed.

Here, relying heavily on New Amsterdam Casualty Co. v. McManigal, 2 Cir., ...

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