JOHN W. McGRATH CORPORATION v. HUGHES

No. 299, Docket 26725.

289 F.2d 403 (1961)

JOHN W. McGRATH CORPORATION, Employer-Plaintiff-Appellant, and The Fidelity and Casualty Company of New York, Insurance Carrier-Plaintiff-Appellant, v. Thomas F. HUGHES, Deputy Commissioner, United States Department of Labor, Bureau of Employees' Compensation, Second Compensation District and Luka Mezich, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided April 10, 1961.


Attorney(s) appearing for the Case

Joseph Dean Edwards, New York City, for plaintiffs-appellants.

Morton S. Robson, U. S. Atty., Southern District of New York, New York City (Franklin G. Lehmeier, Burton M. Fine, Asst. U. S. Attys., New York City, of counsel), for defendant-appellee Hughes.

Before LUMBARD, Chief Judge, and WATERMAN and FRIENDLY, Circuit Judges.


WATERMAN, Circuit Judge.

Plaintiff-appellants, John W. McGrath Corporation, employer, and The Fidelity and Casualty Company of New York, its compensation insurance carrier, sought to have the district court review and set aside a compensation order made pursuant to the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C.A. § 901 et seq., to Luka Mezich, the complainant. Both parties moved for summary judgment. Judge Metzner denied the plaintiffs' motion...

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