TRAVELERS INSURANCE COMPANY v. CARDILLO

Nos. 308, 305, 346, Dockets 23558, 23216, 23683.

225 F.2d 137 (1955)

The TRAVELERS INSURANCE COMPANY and Todd Shipyards Corporation, Plaintiffs-Appellants, v. Frank A. CARDILLO, Deputy Commissioner, Federal Security Agency, Bureau of Employees' Compensation, Second Compensation District, and Joseph Tropea, Defendants-Appellees. IRA S. BUSHEY & SONS, Inc., Plaintiff-Employer-Appellant, and American Policyholders' Insurance Company and/or American Mutual Liability Insurance Company, Plaintiff-Insurance Carrier-Appellant, and Hartford Accident & Indemnity Company, Plaintiff-Insurance Carrier-Appellant, and The State Insurance Fund, Plaintiff-Insurance Carrier-Appellant, v. Thorleif JOHANSEN, Defendant-Claimant-Respondent, and Frank A. Cardillo, Deputy Commissioner, Second Compensation District, Defendant-Respondent. TODD SHIPYARDS CORPORATION, Inc., Employer-Plaintiff-Appellant, and Massachusetts Bonding & Insurance Company, Insurance Carrier-Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF LABOR, Bureau of Employees' Compensation, Second District and Frank A. Cardillo, as Deputy Commissioner and Raymond Lebowitz, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided July 19, 1955.


Attorney(s) appearing for the Case

Galli & Locker, New York City (Urban S. Mulvehill, New York City, of counsel), for plaintiffs-appellants, The Travelers Insurance Company and Todd Shipyards Corporation.

Alexander & Ash, New York City (Sidney A. Schwartz, New York City, of counsel), for appellants, Ira S. Bushey & Sons, Inc., and American Mutual Liability Insurance Company.

Joseph Dean Edwards, New York City (Cornelius V. Gallagher and Paul Koch, New York City, on the brief), for Ira S. Bushey & Sons, Inc., Employer, and Hartford Accident & Indemnity Company, Insurance Carrier.

Bernard Katzen, New York City, Gen. Atty. of The State Insurance Fund, New York City (Victor Fiddler, Glen Oaks, N. Y., and George J. Hayes, New York City, on the brief), for appellants, Ira S. Bushey & Sons, Inc. and The State Insurance Fund.

Joseph Dean Edwards, New York City (Cornelius V. Gallagher and Paul Koch, New York City, on the brief), for Todd Shipyards Corporation, Inc., Employer, and Massachusetts Bonding & Insurance Company, Insurance Carrier.

Leonard P. Moode, U. S. Atty., for E. D. of New York, Brooklyn, N. Y., Elliott Kahaner, Asst. U. S. Atty., Brooklyn, N. Y. (Stuart Rothman, Solicitor of Labor, Ward E. Boote, Asst. Solicitor, and Herbert P. Miller, Atty., U. S. Dept. of Labor, Washington, D. C., of counsel), for appellees Deputy Commissioners.

Irving Israel, New York City, by Leonard Taubenblatt, New York City, for appellees, Tropea, Johansen and Lebowitz.

Before CHASE and MEDINA, Circuit Judges, and RYAN, District Judge.


MEDINA, Circuit Judge.

These are appeals from three separate orders entered by the United States District Court for the Eastern District of New York granting defendants' motions for summary judgment, dismissing complaints in actions brought pursuant to 33 U.S.C.A. § 921 to review and set aside as "not in accordance with law" certain compensation orders made by the Deputy Commissioner in each case, under the provisions of the Longshoremen's and Harbor Workers...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases