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CALBECK v. STRACHAN SHIPPING COMPANY

No. 19034.

306 F.2d 693 (1962)

C. D. CALBECK, Deputy Labor Commissioner, Eighth Compensation District, and Mrs. Alberta Gee, Individually and on behalf of her minor children Rivers Gee and Andrew Gee, Appellants, v. STRACHAN SHIPPING COMPANY and Texas Employers' Insurance Association, Appellees.

United States Court of Appeals Fifth Circuit.

August 1, 1962.

Attorney(s) appearing for the Case

W. Jiles Roberts, Jack Shepherd, Asst. U. S. Atty., Houston, Tex., Morton Hollander, W. Harold Bigham, Marvin S. Shapiro, Attys., Dept. of Justice, Washington, D. C., William H. Orrick, Jr., Asst. Atty. Gen., Woodrow Seals, U. S. Atty., for appellants.

C. A. Brown, Galveston, Tex., for appellees, Royston, Rayzor & Cook, Galveston, Tex., of counsel.

Before TUTTLE, Chief Judge, and HUTCHESON and JONES, Circuit Judges.

JONES, Circuit Judge.

The Deputy Labor Commissioner made an award to the widow and children of Matthew Gee under the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C.A. § 901 et seq. The district court reached the conclusion that the award was not supported by substantial evidence on the record as a whole. It set aside the award and the Deputy Commissioner has appealed.

Matthew Gee was a sixty-year-old stevedore. On March 5, 1957, while employed...

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