UNITED STATES FIDELITY & GUARANTY CO. v. O'KEEFFE

No. 4469-Civil-J.

240 F.Supp. 813 (1962)

UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation, and Gibbs Corporation, a corporation, Plaintiffs, v. William M. O'KEEFFE, as Deputy Commissioner, United States Department of Labor, Bureau of Employees' Compensation, Sixth Compensation District, Defendant.

United States District Court S. D. Florida, Jacksonville Division.

March 13, 1962.


Attorney(s) appearing for the Case

Marks, Gray, Yates, Conroy & Gibbs, Jacksonville, Fla., for plaintiffs.

Edward F. Boardman, U. S. Atty., Jacksonville, Fla., for defendant.


SIMPSON, Chief Judge.

Plaintiffs raise two reasons why the award should be set aside; (1) that the claim of Jut James Elliott for compensation was not timely filed; (2) that Jut James Elliott is permanently and totally disabled and that part of his total disability is due to Elliott's pre-existing disability. The plaintiffs further insist that the award should be paid in part out of the Special Fund established pursuant to Title 33 U.S.C.A. § 944.

A claim...

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