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ALBINA ENGINE AND MACHINE WORKS v. O'LEARY

No. 18545.

328 F.2d 877 (1964)

ALBINA ENGINE AND MACHINE WORKS, an Oregon corporation, and Fireman's Fund Insurance Company, a California corporation, Appellants, v. J. J. O'LEARY, Deputy Commissioner, Bureau of Employees' Compensation, Department of Labor, and Hilda O'Brien, Appellees.

United States Court of Appeals Ninth Circuit.

February 28, 1964.

Attorney(s) appearing for the Case

Gray, Frederickson & Heath, and Lloyd W. Weisensee, Portland, Or., for appellants.

Pozzi, Levin & Wilson, and Philip A. Levin, Portland, Or., for appellee O'Brien.

Sidney I. Lezak, U. S. Atty., William B. Borgeson, Asst. U. S. Atty., Portland, Or., and Charles Donahue, Solicitor of Labor, Alfred H. Myers and George M. Lilly, Attys. U. S. Dept. of Labor, Washington, D. C., for appellee J. J. O'Leary, Deputy Commissioner.

Before MADDEN, Judge of the Court of Claims, and HAMLIN and BROWNING, Circuit Judges.

BROWNING, Circuit Judge.

The sole question on this appeal is whether the District Court erred in sustaining the determination of the Deputy Commissioner that Hilda O'Brien was the "surviving wife" of John C. O'Brien, within the meaning of Section 909 of the Longshoremen's and Harbor Workers' Compensation Act, 44 Stat. 1424 (1927), 33 U.S.C.A. §§ 901-950.

The meaning of the statute is, of course, a question...

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