CULLEY v. WILLARD

Civ. No. 12120.

146 F.Supp. 421 (1956)

Frank CULLEY, Plaintiff, v. John A. WILLARD, as Deputy Commissioner of the United States Employees' Compensation Commission, Second Compensation District, Arthur Tickle Engineering Works, Employer, and Liberty Mutual Insurance Company, Carrier, Defendants.

United States District Court E. D. New York.

November 26, 1956.


Attorney(s) appearing for the Case

Benjamin A. Wilder, Brooklyn, N. Y., by Philip F. Di Costanzo, Brooklyn, N. Y., of counsel, for plaintiff.

Leonard P. Moore, U. S. Atty., for Eastern District of New York, by Elliott Kahaner, Asst. U. S. Atty., Brooklyn, N. Y., for defendant John A. Willard, as Deputy Commissioner.

Albert P. Thill, Brooklyn, N. Y., for defendants Arthur Tickle Engineering Works, Employer, and Liberty Mut. Ins. Co., Carrier.


BYERS, District Judge.

This case was called for trial on October 10, 1956, when it was adjourned to November 13, in order to afford the plaintiff an opportunity to examine a missing contract said to contain a waiver, the nature of which will be hereinafter referred to.

On the last mentioned day, the case was called and brief argument was heard following the statement by plaintiff's counsel that the said contract is not available for production, and therefore...

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