TEICHMAN v. LOFFLAND BROTHERS COMPANY

No. 18844.

294 F.2d 175 (1961)

Willie J. TEICHMAN and C. D. Calbeck, Deputy Commissioner, and United States of America, Appellants, v. LOFFLAND BROTHERS COMPANY et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 15, 1961.


Attorney(s) appearing for the Case

David L. Rose, Morton Hollander, Attys., Dept. of Justice, Washington, D.C., Herman Wright, Jack Shepherd, Asst. U.S. Atty., Houston, Tex., William H. Orrick, Jr., Asst. Atty. Gen., William B. Butler, U. S. Atty., Houston, Tex., for appellants.

Jerry D. Barker, Galveston, Tex., Barker, Barker & Coltzer, Galveston, Tex., of counsel, for appellees.

Before HUTCHESON, RIVES and WISDOM, Circuit Judges.


HUTCHESON, Circuit Judge.

This appeal tests for error the findings and judgment of the district court, holding that an employee was precluded from receiving an award for compensation for an injury brought under the Longshoremen's Act because he had brought an unsuccessful suit against his employer under the Jones Act, 46 U.S.C.A., § 688 as a seaman based upon a different injury.

Appellee-employer and its insurance carrier brought this suit to enjoin,...

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