LAVINO SHIPPING COMPANY v. DONOVAN

No. 12809.

267 F.2d 59 (1959)

LAVINO SHIPPING COMPANY v. P. J. DONOVAN, Deputy Commissioner of the United States Employees' Compensation Commission, and Anna T. Lou Smith, Intervening Defendant, Appellant.

United States Court of Appeals Third Circuit.

Decided May 22, 1959.


Attorney(s) appearing for the Case

Joseph N. Bongiovanni, Jr., Philadelphia, Pa., for appellant.

George D. Sheehan, Philadelphia, Pa. (J. Paul Erwin, Philadelphia, Pa., on the brief) for appellee.

Before McLAUGHLIN, KALODNER and STALEY, Circuit Judges.


STALEY, Circuit Judge.

Appellee herein instituted a proceeding in the district court pursuant to 33 U.S. C.A. § 921(b) for review of an award of death benefits under the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C.A. § 901 et seq. The Deputy Commissioner had made an award to appellant under 33 U.S.C.A. § 909(b) which provides for benefits for the "surviving wife" of a deceased husband. The district court concluded that appellant had...

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