JOHN W. McGRATH CORPORATION v. HUGHES

No. 147, Docket 24967.

264 F.2d 314 (1959)

JOHN W. McGRATH CORPORATION, Employer-Plaintiff-Appellant, and Fidelity & Casualty Company of New York, Insurance Carrier-Plaintiff-Appellant, v. Thomas F. HUGHES, Deputy Commissioner, successor to John A. Willard in the Second Compensation District of the United States Department of Labor, Bureau of Employees' Compensation, Defendant-Appellee, and Rose D'Ornellas, Claimant, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided March 2, 1959.


Attorney(s) appearing for the Case

John M. Cunneen, New York City, for plaintiff-appellants.

Arthur H. Christy, U. S. Atty., Southern District of New York, New York City (Arthur V. Savage, Asst. U. S. Atty., New York City, Ward E. Boote, Asst. Solicitor, U. S. Dept. of Labor, Washington, D. C., of counsel), for defendant-appellee, Thomas F. Hughes, Deputy Commissioner.

Before WATERMAN and MOORE, Circuit Judges, and BYERS, District Judge.


WATERMAN, Circuit Judge.

Plaintiffs, an employer and an insurance carrier, sought to have the district court review and set aside a compensation order and an award of death benefits made pursuant to the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C.A. § 901 et seq., to the widow of a deceased employee. The court below granted the defendant Deputy Commissioner's motion for a summary judgment. Plaintiffs bring this appeal, contending, as they did...

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