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REISS STEAMSHIP COMPANY v. CYR

Civ. No. 31162.

138 F.Supp. 834 (1954)

REISS STEAMSHIP COMPANY v. Albert J. CYR, Deputy Commissioner United States Employee's Compensation Commission, Ninth Compensation District.

United States District Court N. D. Ohio, E. D.

December 7, 1954.

Attorney(s) appearing for the Case

Roman T. Keenen, Cleveland, Ohio, for plaintiff.

Sumner Canary, U. S. Atty., Cleveland, Ohio, for defendant.

JONES, Chief Judge.

Clarence R. Cark, deceased employee of plaintiff, was killed in 1949 while working aboard the ship of a third party. Under the terms of 33 U.S.C.A. § 901 et seq., the "Longshoremen's and Harbor Workers' Compensation Act", the plaintiff became liable to deceased's dependent mother, Kathryn M. Cark. However, since a third party was liable for causing the accident, 33 U.S.C.A. § 933 applied whereby the dependent was permitted to elect between...

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