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SEABOARD MARINE SERVICE CORPORATION v. QUIGLEY

No. 306, Docket 25114.

266 F.2d 822 (1959)

SEABOARD MARINE SERVICE CORPORATION, Employer Plaintiff-Appellee, and State Insurance Fund, Insurance Carrier Plaintiff-Appellee, v. Arnold J. QUIGLEY, Deputy Commissioner for the 2nd Compensation District of The United States Department of Labor, Bureau of Employees' Compensation, Defendants-Appellee, and Kaare Peterson, Employee Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided April 28, 1959.

Attorney(s) appearing for the Case

Louis Bloch, New York City, for defendant-appellant.

Louis Busell, New York City (Charles G. Tierney, Gen. Atty. of State Ins. Fund, New York City, on the brief), for plaintiffs-appellees.

Before HINCKS, LUMBARD and WATERMAN, Circuit Judges.

PER CURIAM.

Peterson, having been injured in the course of his employment on January 21, 1950, received compensation from his employer's insurance carrier until December 4, 1951, when he announced his election to sue a third party for damages. The case was settled and out of the settlement the insurance carrier recovered what it already had disbursed for compensation and medical care. Thereafter, Peterson sought and was awarded deficiency compensation from January...

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