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O'LEARY v. DIELSCHNEIDER

No. 13346.

204 F.2d 810 (1953)

O'LEARY v. DIELSCHNEIDER et al.

United States Court of Appeals Ninth Circuit.

May 25, 1953.

Attorney(s) appearing for the Case

Holmes Baldridge, Asst. Atty. Gen., Paul A. Sweeney, Leavenworth Colby, Benjamin Forman, Attys., Department of Justice, Ward E. Boote, Asst. Sol., Herbert P. Miller, Atty., Department of Labor, Washington, D. C., Henry L. Hess, U. S. Atty., Donald W. McEwen, Asst. U. S. Atty., Portland, Oregon, for appellant.

Brown & Van Vactor, Sam Van Vactor, The Dalles, Or., Frank E. Nash, Portland, Or., for appellee.

Before HEALY, BONE, and POPE, Circuit Judges.

HEALY, Circuit Judge.

This case involves an award under the Longshoremen's and Harbor Workers' Compensation Act1 of benefits on account of the accidental death of one Clayton May. May's employers (appellees here) sued in the court below to set aside the compensation order. The court tried the case de novo and directed a vacation of the award.

The claim for benefits under the Act was made by Louella May. The deputy commissioner...

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