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STANDARD DREDGING CORPORATION v. HENDERSON

No. 11299.

150 F.2d 78 (1945)

STANDARD DREDGING CORPORATION v. HENDERSON, Deputy Commissioner, et al. JOHNSON et al. v. STANDARD DREDGING CORPORATION.

Circuit Court of Appeals, Fifth Circuit.

June 19, 1945.

Attorney(s) appearing for the Case

Marian Mayer and R. Emmett Kerrigan, both of New Orleans, La., for appellant and cross-appellee Standard Dredging Corporation.

Thomas E. Twitty, of Mobile, Ala., and Garland Q. Whitfield, of Jackson, Miss., for appellees and cross-appellants Jack and Syrenthia Johnson.

Albert J. Tully, U. S. Atty., and Alvin H. McConnell, Asst. U. S. Atty., both of Mobile, Ala., for appellee.

Joseph H. Henderson, Deputy Commissioner.

Before SIBLEY, HUTCHESON, and WALLER, Circuit Judges.

SIBLEY, Circuit Judge.

The deputy commissioner awarded death benefits to the father and to the mother of Nathan Johnson amounting to $487.50 per year to each, without a limit of time stated. Standard Dredging Company sued in the district court to enjoin the award. From the decree denying an injunction and adjudging costs against the Company it appealed, and moved for a supersedeas, tendering bond. On this motion the court ordered, "Let the appeal be allowed to operate...

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