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THOMAS v. EINBINDER

No. 16854.

304 F.2d 629 (1962)

Leo THOMAS, Appellant, v. Charles EINBINDER, Deputy Commissioner, District of Columbia Compensation District, Bureau of Employees' Compensation, and Henry C. Bungie, T/A Washington-Solomon's Freight Line, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided June 14, 1962.

Attorney(s) appearing for the Case

Mr. Reginald B. Jackson, Washington, D. C., for appellant.

Mr. Herbert P. Miller, Asst. Sol., Dept. of Labor, with whom Messrs. Charles Donahue, Sol., Dept. of Labor, David C. Acheson, U. S. Atty., Charles T. Duncan, Principal Asst. U. S. Atty., and Nathan J. Paulson, Asst. U. S. Atty., were on the brief, for appellee Deputy Commissioner.

No appearance was entered for appellee Henry C. Bungie, T/A Washington-Solomon's Freight Line.

Before FAHY, WASHINGTON and WRIGHT, Circuit Judges.

PER CURIAM.

At the threshold of this case is the question whether the District Court had jurisdiction, under § 21(b) of the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. § 921(b), to review the Deputy Commissioner's action denying compensation. Insofar as the suit below sought review of the original order rejecting the claim, it was brought too late unless the thirty-day period specified in § 21(a), 33 U.S.C. § 921(a), was suspended...

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