HOLLAND v. HARRISON BROTHERS DRY DOCK AND REPAIR YARD, INC.,

No. 19232.

308 F.2d 570 (1962)

Leroy HOLLAND and P. J. Donovan, Deputy Commissioner, Seventh Compensation District, Bureau of Employees Compensation, United States Department of Labor, Appellants, v. HARRISON BROTHERS DRY DOCK AND REPAIR YARD, INC., and Aetna Insurance Company, Appellees.

United States Court of Appeals Fifth Circuit.

October 2, 1962.


Attorney(s) appearing for the Case

Morton Hollander, David L. Rose, Attys., Dept. of Justice, Washington, D. C., W. S. Murphy, Lucedale, Miss., Vernol R. Jansen, Jr., U. S. Atty., Mobile, Ala., for appellants.

Alexander Foreman, Jr., Alton R. Brown, Jr., Mobile, Ala., for appellees.

Before HUTCHESON, WISDOM and BELL, Circuit Judges.


PER CURIAM.

The district court held that Leroy Holland, employed as a laborer by Harrison Brothers, could not recover under the Longshoremen's and Harbor Workers' Compensation Act. Accordingly, the district court set aside the award of compensation made by the Deputy Commissioner as unlawful and beyond his jurisdiction and entered judgment for the plaintiffs.

On appeal, this Court, in the circumstances of the case, relying on Calbeck v. Travelers Ins. Co....

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