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JARKA CORPORATION v. HUGHES

No. 143, Docket 27173.

299 F.2d 534 (1962)

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

United States Court of Appeals Second Circuit.

Decided February 6, 1962.

Attorney(s) appearing for the Case

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

Morton Hollander, Dept. of Justice (William H. Orrick, Jr., Asst. Atty. Gen., Joseph P. Hoey, U. S. Atty. for Eastern Dist. of New York, Edward Berlin, Dept. of Justice, Charles Donahue, Sol. of Labor, Herbert P. Miller, Asst. Sol., on the brief), for defendant-appellee Thomas F. Hughes.

Philip F. DiCostanzo, Brooklyn, N. Y., for defendant-appellee Frank Zirino.

Before LUMBARD, Chief Judge, and MOORE and HAYS, Circuit Judges.

MOORE, Circuit Judge.

This is an appeal from a summary judgment of the district court in favor of defendant-appellee Frank Zirino sustaining an order of the Deputy Commissioner filed on April 29, 1960, awarding Zirino additional compensation for an injury he sustained on November 1, 1948, while employed as a longshoreman by plaintiff-appellant, The Jarka Corporation. The action for review of the administrative determination was brought pursuant to 33 U.S.C.A. §...

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