ATLANTIC & GULF STEVEDORES, INC. v. DONOVAN

No. 18039.

279 F.2d 75 (1960)

ATLANTIC & GULF STEVEDORES, INC., Appellant, v. P. J. DONOVAN, Deputy Commissioner for the 7th Compensation District of the Bureau of Employee's Compensation, United States Department of Labor; and Charles Cook, Appellees.

United States Court of Appeals Fifth Circuit.

May 27, 1960.


Attorney(s) appearing for the Case

Marian Mayer, Guy W. Smith, New Orleans, La., for appellant.

Lloyd Cyril Melancon, New Orleans, La., for appellees.

Before JONES, BROWN and WISDOM, Circuit Judges.


PER CURIAM.

The appellee, by Petition for Rehearing, urges a reconsideration of the proposition that "although no claim has been filed with the Deputy Commissioner, the District Court may nevertheless issue a mandatory decree compelling the Deputy Commission `to hear and adjudicate.'" In our opinion it was recited that the claimant, through his attorney, wrote the Deputy Commissioner to make further claim for compensation. We held, or intended to hold, that the letter...

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