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TUCKER v. BRANHAM

No. 8716.

151 F.2d 96 (1945)

TUCKER v. BRANHAM, Deputy Com'r.

Circuit Court of Appeals, Third Circuit.

Decided July 17, 1945.

Attorney(s) appearing for the Case

Ward E. Boote, of Washington, D. C. (Gerald A. Gleeson, U. S. Atty., of Philadelphia, Pa., and Charles R. Sheidy, Jr., Asst. U. S. Atty., of Reading, Pa., on the brief), for appellant.

Louis Wagner, of Philadelphia, Pa., (Richard A. Smith, of Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, McALLISTER, and McLAUGHLIN, Circuit Judges.

BIGGS, Circuit Judge.

The case at bar involves the question of the application of Section 3(a) (1) of the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C.A.§ 903(a) (1), in that it must be determined whether one Dillon was a "master or member of [the] crew" of the barge "Army." The Deputy Commissioner found that "* * * Dillon was not a master or member of a crew * * *, his status being that of a laborer or harbor worker * * *," and allowed compensation...

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