AMERICAN SURETY COMPANY OF NEW YORK v. WEBER

No. 16225.

241 F.2d 62 (1957)

AMERICAN SURETY COMPANY OF NEW YORK and Joseph H. Henderson, Deputy Commissioner of the Seventh Compensation District of the U. S. Department of Labor, Appellants, v. Mrs. Thelma WEBER, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 11, 1957.


Attorney(s) appearing for the Case

Robert J. Skahan, Atty., U. S. Dept. of Labor, Washington, D. C., Prim B. Smith, Jr., Asst. U. S. Atty., M. Hepburn Many, U. S. Atty., New Orleans, La., for appellant Henderson. Stuart Rothman, Sol. of Labor, W. E. Boote, Asst. Sol., Herbert P. Miller, Atty., U. S. Dept. of Labor, Washington, D. C., of counsel.

Stanley E. Loeb, Boswell, Loeb & Livaudais, New Orleans, La., for appellant American Surety Co. of New York.

Arthur J. Mandell, Houston, Tex., John F. Connolly, New Orleans, La., Mandell & Wright, Houston, Tex., for appellee.

Before HUTCHESON, Chief Judge, and CAMERON and JONES, Circuit Judges.


HUTCHESON, Chief Judge.

This appeal from a decision1 in a Longshoremen's and Harbor Workers' compensation proceeding, 33 U.S.C.A. § 901 et seq., tests for error, the conclusion of the district judge, that the deputy commissioner erred in finding and holding that, under 33 U.S.C.A. § 933, the failure of the compensation claimant, Mrs. Weber, to file a third party action for herself and minor child within one year of the death...

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