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NEWPORT NEWS SHIPBUILDING & DRY DOCK CO. v. O'HEARNE

No. 6321.

192 F.2d 968 (1951)

NEWPORT NEWS SHIPBUILDING & DRY DOCK CO. v. O'HEARNE, DEPUTY COMMISSIONER et al.

United States Court of Appeals Fourth Circuit.

Decided December 13, 1951.

Attorney(s) appearing for the Case

Harry H. Holt, Jr., Hampton, Va. (William McL. Ferguson, Newport News, Va., and J. Warren Stephens, Newport News, Va., on brief), for appellant.

Herbert P. Miller, Atty., U. S. Department of Labor, Washington, D. C. (George R. Humrickhouse, U. S. Atty., Richmond, Va., William B. Eley, Asst. U. S. Atty., Norfolk, Va., William S. Tyson, Solicitor, and Ward E. Boote, Assistant Solicitor, U. S. Department of Labor, Washington, D. C., on brief), for appellee O'Hearne.

Before PARKER, Chief Judge, and SOPER, Circuit Judge, and WYCHE, District Judge.

SOPER, Circuit Judge.

This appeal is taken from a judgment of the District Court refusing to enjoin the enforcement of a compensation award made by the Deputy Commissioner to Mary W. Pittman, widow of Fred A. Pittman, deceased, under the Longshoremen's & Harbor Workers' Compensation Act, 33 U.S.C.A. § 901 et seq. The court held that the award was not invalidated by a prior award of compensation to the family of the...

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