LUMBER MUTUAL CASUALTY INSURANCE CO. v. O'KEEFFE

No. 51, Docket 23122.

217 F.2d 720 (1954)

LUMBER MUTUAL CASUALTY INSURANCE COMPANY, Plaintiff-Appellee, v. Denis B. O'KEEFFE, as Deputy Commissioner, Second Compensation District, Bureau of Employees' Compensation, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 16, 1954.


Attorney(s) appearing for the Case

Alexander & Ash, New York City (Sidney A. Schwartz, New York City, of counsel), for plaintiff-appellee.

Warren E. Burger, Asst. Atty. Gen., Leonard P. Moore, U. S. Atty., Brooklyn, N. Y. (Paul A. Sweeney and Morton Hollander, Attys., Dept. of Justice, Washington, D. C., of counsel), for defendant-appellant.

Before CHASE, MEDINA and HINCKS, Circuit Judges.


HINCKS, Circuit Judge.

This appeal is from an order of the court below granting plaintiff-appellee's (Lumber Mutual Casualty Insurance Company) motion for summary judgment, D.C., 117 F.Supp. 876, 879. The effect of the order was to set aside a compensation award for an injured employee made by the defendant-appellant, the Deputy Commissioner, under the Longshoremen's and Harbor Workers' Act, 44 Stat. 1424, as amended, 33 U.S....

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