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HADDOCK v. PILLSBURY

No. 11199.

155 F.2d 820 (1946)

J. E. HADDOCK, Limited, et al. v. PILLSBURY, Deputy Commissioner, et al.

Circuit Court of Appeals, Ninth Circuit.

May 2, 1946.

Attorney(s) appearing for the Case

Keith & Creede, of San Francisco, Cal., McComb & Nordmark and Godfrey Nordmark, all of Denver, Colo., and Frank J. Creede, of San Francisco, Cal., for appellants.

Frank J. Hennessy, U. S. Atty., and James T. Davis and William Licking, Asst. U. S. Attys., all of San Francisco, Cal. (Ward E. Boote, Chief Counsel, U. S. Employees' Compensation Commission, and Herbert P. Miller, Asst. Chief Counsel, both of New York City, of counsel), for appellee.

Before GARRECHT, DENMAN, and ORR, Circuit Judges.

DENMAN, Circuit Judge.

This is an attempted appeal from the order of the district court granting a motion of appellees to dismiss appellants' complaint in a proceeding under Longshoremen's and Harbor Worker's Compensation Act, 33 U.S.C.A. § 901 et seq., seeking to have the order of the commissioner annulled and its enforcement enjoined.

Appellees moved to dismiss the appeal upon the ground that the notice of appeal was not filed within time. The motion...

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