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POWELL v. WORKMEN'S COMPENSATION BOARD OF STATE OF N.Y.

214 F.Supp. 283 (1963)

Thomas POWELL, Plaintiff, v. WORKMEN'S COMPENSATION BOARD OF the STATE OF NEW YORK, American Mutual Liability Insurance Co., O'Brien Bros. Shipyard Corporation, Lee & Simmons Lighterage Co., Inc., Liberty Mutual Insurance Co., Nelson Rockefeller, Governor of the State of New York and Louis J. Lefkowitz, Attorney General of the State of New York, Defendants.

United States District Court S. D. New York.

January 9, 1963.

Attorney(s) appearing for the Case

Dora Aberlin, New York City, for plaintiff.

Louis J. Lefkowitz, Atty. Gen. of New York, New York City, pro se and for defendants Workmen's Compensation Board of New York and Nelson Rockefeller, Governor of New York; Irving L. Rollins, New York City, of counsel.

Albert P. Thill, Brooklyn, N. Y., for defendants Lee & Simmons Lighterage Co. and Liberty Mutual Insurance Co.

Cotter, Carey, Fox & McKay, New York City, for defendant American Mutual Liability Insurance Co.; William P. Cotter, New York City, of counsel.

McLEAN, District Judge.

Plaintiff complains of a decision of the New York Workmen's Compensation Board. His amended complaint contains two counts. The first alleges jurisdiction on the basis of 28 U.S.C. §§ 2281 and 2284. It seeks a judgment restraining the Workmen's Compensation Board from enforcing Section 123 of the New York Workmen's Compensation Law, McKinney's Consol.Laws, c. 67, declaring Section 123 unconstitutional...

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