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CRESCENT WHARF & WAREHOUSE CO. v. PILLSBURY

No. 15612.

259 F.2d 850 (1958)

CRESCENT WHARF & WAREHOUSE COMPANY, a corporation, and Pacific Employers Insurance Company, a corporation, Appellants, v. Warren H. PILLSBURY, Deputy Commissioner, United States Department of Labor, Bureau of Employees' Compensation, 13th Compensation District, and William Lasche, Appellees.

United States Court of Appeals Ninth Circuit.

May 7, 1958.

Attorney(s) appearing for the Case

Higgs, Fletcher & Mack, John W. Burnett, San Diego, Cal., for appellant.

George Cochran Doub, Asst. Atty. Gen., Samuel D. Slade, Bernard Cederbaum, Attorneys, Department of Justice, Washington, D. C., Laughlin E. Waters, U. S. Atty., Richard A. Lavine, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before FEE, BARNES and HAMLIN, Circuit Judges.

JAMES ALGER FEE, Circuit Judge.

This appeal raises the question of the right of an employer and an insurer against whom an award of compensation has been made by a Deputy Labor Commissioner, and who have enjoined the enforcement of the award, to proceed to final judgment in the United States District Court, notwithstanding the failure to substitute the successor of the Deputy Commissioner as defendant in the injunction proceedings within six months of the taking of...

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