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MORRISON-KNUDSEN COMPANY v. O'LEARY

No. 16896.

288 F.2d 542 (1961)

MORRISON-KNUDSEN COMPANY, Inc., Appellant, v. J. J. O'LEARY, Deputy Commissioner, 14th Compensation District, Under the Longshoremen & Harbor Workers' Compensation Act, U. S. Department of Labor, Bureau of Employees Compensation and Dana M. Emig, for Herself and on behalf of Susan Marie and Kristine Marie Emig, Appellees.

United States Court of Appeals Ninth Circuit.

March 20, 1961.

Attorney(s) appearing for the Case

Robert T. Mautz, Kenneth E. Roberts, Portland, Or., and Thomas L. Smith, Boise, Idaho, for appellant.

George Cochran Doub, Asst. Atty. Gen., Alan S. Rosenthal and Donald H. Green, Washington, D. C., Kenneth G. Bergquist, U. S. Atty., Boise, Idaho, for appellees.

Bailey, Lezak, Swink & Gates, Portland, Or., for intervenors.

Before HAMLEY and MERRILL, Circuit Judges, and WOLLENBERG, District Judge.

WOLLENBERG, District Judge.

This case involves the death of four workmen employed by appellant in the construction of the Brownlee Dam on the Snake River, which at the point of construction runs between the states of Idaho and Oregon. The dam construction was authorized by the Federal Power Commission "in the interest of navigation."

During construction a diversion tunnel was constructed; this tunnel took the entire...

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