AVONDALE MARINE WAYS v. HENDERSON

Nos. 14055 and 14056.

201 F.2d 437 (1953)

AVONDALE MARINE WAYS, Inc. v. HENDERSON et al. (two cases).

United States Court of Appeals Fifth Circuit.

January 29, 1953.


Attorney(s) appearing for the Case

John W. Sims and Ashton Phelps, New Orleans, La., Frank A. Bull, New York City, Mendes & Mount, New York City, Phelps, Dunbar, Marks & Claverie, New Orleans, La., for appellant.

Herbert P. Miller, Dept. of Labor, Washington, D. C., G. Harrison Scott, Asst. U. S. Atty., New Orleans, La., John N. McKay, U. S. Atty., New Orleans, La., (William S. Tyson, Solicitor of Labor, Ward E. Boote, Assistant Solicitor and James E. Hughes, U. S. Dept. of Labor, Washington, D. C., of counsel), for appellee.

Before HUTCHESON, Chief Judge, and STRUM and RIVES, Circuit Judges.


HUTCHESON, Chief Judge.

Filed under the provisions of the Longshoremen's Act of March 4, 1927,1 these suits were brought to enjoin and set aside as not in accordance with law, compensation orders issued by the deputy commissioner in favor of the dependents of two of appellant's employees who had been killed in an explosion2 on a barge upon which they were working.

The claim of appellant was that the...

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