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PILLSBURY v. LIBERTY MUT. INS. CO.

No. 10507.

143 F.2d 807 (1944)

PILLSBURY, Deputy Com'r, v. LIBERTY MUT. INS. CO. et al.

Circuit Court of Appeals, Ninth Circuit.

Concurring opinion July 19, 1944.

Attorney(s) appearing for the Case

Frank J. Hennessy, U. S. Atty., and James T. Davis, Asst. U. S. Atty., both of San Francisco, Cal. (Ward E. Boote, Chief Counsel, of Washington, D. C., and Herbert P. Miller, Associate Counsel, U. S. Employees' Compensation Commission, of New York City, of counsel), for appellant.

Theodore Hale and Carroll B. Crawford, both of San Francisco, Cal., for appellees.

Before GARRECHT, DENMAN, and MATHEWS, Circuit Judges.

DENMAN, Circuit Judge.

This is an appeal from a judgment of the district court in which an award of appellant Pillsbury, Deputy Compensation Commissioner under the Longshoremen's and Harbor Workers' Compensation Act (44 Stat. 1424, U.S.C.A. Title 33, Chapter 18, § 901 et seq.) enlarged by the Defense Bases Act of August 16, 1941 (55 Stat. 622, 42 U.S.C.A. §§ 1651-1654), hereinafter called the Act, was vacated and set aside. The judgment of the district...

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