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MERRITT-CHAPMAN & SCOTT CORP. v. WILLARD

No. 251, Docket 21989.

189 F.2d 791 (1951)

MERRITT-CHAPMAN & SCOTT CORP. et al. v. WILLARD et al.

United States Court of Appeals Second Circuit.

Decided June 6, 1951.

Attorney(s) appearing for the Case

Galli & Locker, New York City, Urban S. Mulvehill, New York City, of counsel, for appellants.

Frank J. Parker, U. S. Atty. and Irving P. Kartell, Asst. U. S. Atty., Brooklyn, N. Y., William S. Tyson, Solicitor, Ward E. Boote, Assistant Solicitor, Herbert P. Miller, Washington, D. C., and Philip J. Lesser, New York City, Attorneys, United States Department of Labor, Employees' Compensation Division, of counsel, for appellees.

Before SWAN, Chief Judge and AUGUSTUS N. HAND and CLARK, Circuit Judges.

PER CURIAM.

The question presented by this appeal is whether Thomas Nilsen, the deceased employee of Merritt-Chapman & Scott Corporation, was a member of the crew of the employer's derrick vessel "Commander," when he sustained the injury — a fall from a bosun's chair — which resulted in his death on February 26, 1946. The Deputy Commissioner answered this question in the negative, and accordingly found the...

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