JARKA CORPORATION v. HUGHES

Civ. No. 60-C-454.

196 F.Supp. 442 (1961)

JARKA CORPORATION, Employer and Liberty Mutual Insurance Company, Insurance Carrier, Plaintiffs-Appellants, v. Thomas F. HUGHES, as Deputy Commissioner for the Second Compensation District of the United States Department of Labor, and Frank Zirino, Claimant, Defendants-Appellees.

United States District Court E. D. New York.

July 14, 1961.


Attorney(s) appearing for the Case

Philip F. DiCostanzo, Brooklyn, N. Y., for claimant Frank Zirino.

Joseph P. Hoey, U. S. Atty., by Ann B. Miele, Asst. U. S. Atty., Brooklyn, N. Y., for defendant Thomas F. Hughes.

Albert P. Thill, for Brooklyn, N.Y., for plaintiffs.


RAYFIEL, District Judge.

These are cross-motions for summary judgment under Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A.

This action was brought pursuant to Title 33 U.S.C.A. § 921, to review a Workmen's Compensation Order and Findings made by the defendant on April 29, 1960.

A short résumé of the facts follows:

On November 1, 1948, one Frank Zirino, hereinafter referred to as the claimant, while employed as a...

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