LA CROSSE DREDGING CORPORATION v. McMANIGAL

No. 21811.

58 F.Supp. 831 (1945)

LA CROSSE DREDGING CORPORATION et al. v. McMANIGAL, Deputy Commissioner, U. S. Employees' Compensation Commission.

District Court, N. D. Ohio, E. D.

January 4, 1945.


Attorney(s) appearing for the Case

Thompson, Hine & Flory, of Cleveland, Ohio (Thomas E. Lipscomb, of Cleveland, Ohio, of counsel), for plaintiffs.

Don C. Miller, U. S. Atty., and Jerome N. Curtis, Asst. U. S. Atty., both of Cleveland, Ohio, for defendant.


WILKIN, District Judge.

Motion to dismiss complaint is sustained. The finding by defendant that decedent was engaged in maritime employment is supported by evidence and is not contrary to law; recovery of compensation for decedent's death could not have been provided by Ohio law since the restricted doctrine of local concern could not be applied. The case of State ex rel. Cleveland Engineering Construction Co. v. Duffy et al., 113 Ohio St. 96, 148 N.E. 572, relied...

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