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WM. SPENCER & SON CORPORATION v. LOWE

59 F.Supp. 463 (1945)

WM. SPENCER & SON CORPORATION v. LOWE, Deputy Com'r of U. S. Employees' Compensation Commission, et al.

District Court, S. D. New York.

February 19, 1945.

Attorney(s) appearing for the Case

Charles Landesman, of New York City, for plaintiff.

John F. X. McGohey, U. S. Atty., of New York City (Thomas G. Donlan, of New York City, of counsel), for defendants.

Abraham M. Fisch, of New York City, for claimant Louis Lindenberg.

CONGER, District Judge.

This is an action brought pursuant to Section 21 of the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S. C.A. § 921, to set aside a compensation award made to claimant Louis Lindenberg by the Deputy Commissioner for the Second Compensation District.

The plaintiff objects to the order on the ground that the Commissioner erred in finding that the claimant Lindenberg was not a "master or member of a crew" at the

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