HARRIS v. BRITTON

Nos. 11893, 11996, 12032, 12131.

218 F.2d 45 (1954)

Theodore J. HARRIS, Maloney Concrete Company, Inc., a corporation, United States Fidelity & Guaranty Co., a corporation, Appellants, v. Theodore BRITTON, Deputy Commissioner, District of Columbia Compensation District, Bureau of Employees' Compensation, United States Department of Labor, Louis M. Briscoe, Appellees (three cases). Theodore J. HARRIS, Maloney Concrete Company, Inc., a corporation, United States Fidelity & Guaranty Co., a corporation, Appellants, v. Louis M. BRISCOE, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided December 30, 1954


Attorney(s) appearing for the Case

Mr. H. Clay Espey, Washington, D. C., for appellant Theodore J. Harris.

Mr. J. Joseph Barse, Washington, D. C., with whom Messrs. H. Mason Welch, John R. Daily, J. Harry Welch and Charles B. De Shazo, Washington, D. C., were on the briefs, for appellants Maloney Concrete Co., Inc., a corporation, and United States Fidelity & Guaranty Co., a corporation.

Mr. Ward E. Boote, Asst. Sol., United States Department of Labor, Washington, D. C., with whom Messrs. Leo A. Rover, U. S. Atty., and Lewis Carroll, Asst. U. S. Atty., Washington, D. C., were on the briefs, for appellee Theodore J. Britton.

Mr. Lamar Brown, Washington, D. C., was on the briefs for appellee Louis M. Briscoe.

Before EDGERTON, BAZELON and DANAHER, Circuit Judges.


EDGERTON, Circuit Judge.

These are workmen's compensation cases. Briscoe was injured driving a truck. The deputy commissioner awarded compensation based on findings that Harris was Briscoe's general employer and Maloney Concrete Company, Inc., his special employer.

Harris, the Maloney Company, and the Company's insurance carrier have appealed from several judgments of the District Court (1) dismissing suits to set...

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