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BELL v. O'HEARNE

No. 8131.

284 F.2d 777 (1960)

Ora Lee BELL, Appellant, v. Stephen O'HEARNE, Deputy Commissioner, Department of Labor, Bureau of Employees Compensation, Fifth Compensation District, Appellee.

United States Court of Appeals Fourth Circuit.

Decided November 7, 1960.

Attorney(s) appearing for the Case

Henry E. Howell, Jr., Norfolk, Va. (Howell, Anninos & Daugherty, Norfolk, Va., on brief), for appellant.

Alfred H. Myers, Atty., U. S. Department of Labor, Washington, D. C. (Joseph S. Bambacus, U. S. Atty., Richmond, Va., Harold C. Nystrom, Acting Sol. of Labor, and Herbert P. Miller, Asst. Sol. of Labor, U. S. Department of Labor, Washington, D. C., on brief), for appellee.

Before SOBELOFF, Chief Judge, and HAYNSWORTH and BOREMAN, Circuit Judges.

SOBELOFF, Chief Judge.

Decision is required in this case as to the legal effect of the acceptance of less than the face amount, as full payment, of a judgment for damages recovered by beneficiaries of a longshoreman whose death was caused by a third party tortfeasor. The position of the deputy commissioner passing on the claim of the beneficiaries under the Longshoremen's and Harbor Workers' Compensation Act was that they thereby disentitled themselves to the benefits...

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