United States Court of Appeals Fifth Circuit.https://leagle.com/images/logo.png
January 29, 1954.
January 29, 1954.
Attorney(s) appearing for the Case
Leon Sarpy, Chaffe, McCall, Toler & Phillips, New Orleans, La., for appellant.
Bernard A. Horton, Horton & Horton, New Orleans, La., for Odessa E. Ned.
G. Harrison Scott, Asst. U. S. Atty., George R. Blue, U. S. Atty., New Orleans, La., for appellee Henderson.
Stuart Rothman, Sol. of Labor, Ward E. Boote, Asst. Sol., Herbert P. Miller, Atty., U. S. Department of Labor, Washington, D. C., of counsel.
Before HUTCHESON, Chief Judge, and HOLMES and RIVES, Circuit Judges.
United States Court of Appeals Fifth Circuit.
HOLMES, Circuit Judge.
This is an action, under the Longshoremen's and Harbor Workers' Compensation Act,1 to set aside an award for the death of a laborer who fell from a barge into the Mississippi River while in the employment of the American Sugar Refining Company. The evidence shows that on May 26, 1952, the decedent had been engaged in loading sugar into the hold of the barge. He had complained of being sick, and his foreman had suggested...
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