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REPUBLIC AVIATION CORPORATION v. LOWE

No. 22, Docket 20645.

164 F.2d 18 (1947)

REPUBLIC AVIATION CORPORATION et al. v. LOWE et al.

Circuit Court of Appeals, Second Circuit.

November 6, 1947.

Attorney(s) appearing for the Case

John P. Smith, of New York City (Albert P. Thill, of New York City, of counsel) for plaintiffs-appellants.

John F. X. McGohey, U. S. Atty., of New York City (John F. Ryan, Asst. U. S. Atty., Ward E. Boote, Chief Counsel, U. S. Employees Compensation Commission, and Herbert P. Miller, Asst. Chief Counsel U. S. Employees Compensation Commission, all of New York City, of counsel), for Lowe, Deputy Commissioner.

Arthur P. West, of New York City for defendant-appellee Aida M. Parker.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

The defendant Lowe, in his capacity as Deputy Commissioner of the United States Employees' Compensation Commission, Second Compensation District, made an order awarding compensation death benefits to the defendant Aida M. Parker, widow of Joseph Parker, a deceased employee of plaintiff Republic Aviation Corporation. The employer and its insurance carrier then brought suit in the District Court for the Southern District of New York, pursuant to...

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