PUGET SOUND BRIDGE & DRY DOCK COMPANY v. O'LEARY

No. 5942.

224 F.Supp. 557 (1963)

PUGET SOUND BRIDGE & DRY DOCK COMPANY, Plaintiff, v. J. J. O'LEARY, Deputy Commissioner, Bureau of Employee's Compensation, Fourteenth Compensation District, United States Department of Labor, Defendant.

United States District Court W. D. Washington, N. D.

December 13, 1963.


Attorney(s) appearing for the Case

Edward S. Franklin, of Bogle, Bogle & Gates, Seattle, Wash., for plaintiff.

Brockman Adams, U. S. Atty., Seattle, Wash., Douglas M. Fryer, Atty., Admiralty & Shipping Section, Dept. of Justice, Seattle, Wash., and Keith R. Ferguson, Special Asst. to the Atty. Gen., Dept. of Justice, San Francisco, Cal., for defendant.

John J. O'Connell, Atty. Gen., of the State of Washington, John C. Martin, Asst. Atty. Gen., Olympia, Wash., amicus curiae.


BEEKS, District Judge.

The Bureau of Employee's Compensation, having been struck down in an attempt to extend its jurisdiction and authority to an injury occurring on a dock, pier or wharf, Atlantic Stevedoring Company v. O'Keeffe (S.D.Ga.1963), 220 F.Supp. 881, now seeks to extend it into a new and different field.

The facts of the case are not in dispute and are substantially as follows: On May 15, 1962, claimant, Robert...

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