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INTERLAKE STEAMSHIP COMPANY v. NIELSEN

Nos. 15705, 15706.

338 F.2d 879 (1964)

The INTERLAKE STEAMSHIP COMPANY, Plaintiff-Appellee, v. Marcella R. NIELSEN, Defendant-Appellant. The INTERLAKE STEAMSHIP COMPANY, Plaintiff-Appellee, v. Stephen O'HEARNE, as successor to John J. Newman, Deputy Commissioner Administering the Longshoremen's and Harbor Workers' Compensation Act, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

December 3, 1964.

Attorney(s) appearing for the Case

J. Harold Traverse, Cleveland, Ohio, for appellant Marcella R. Nielsen.

Leavenworth Colby, Atty., Dept. of Justice, Washington, D. C. (John W. Douglas, Asst. Atty. Gen., Morton Hollander, Atty., Dept. of Justice, Washington, D. C., Merle M. McCurdy, U. S. Atty., Elmer A. Giuliani, Asst. U. S. Atty., Cleveland, Ohio, on the brief), for appellant Deputy Commissioner.

Robert B. Preston, Cleveland, Ohio (Arter, Hadden, Wykoff & Van Duzer, Cleveland, Ohio, on the brief), for appellee.

Before WEICK, Chief Judge, EDWARDS, Circuit Judge, and PRETTYMAN, Senior Circuit Judge.

EDWARDS, Circuit Judge.

The claimant-appellant in this appeal is the wife of the deceased shipkeeper of the SS ARCTURUS, owned by The Interlake Steamship Company, appellee.

The ARCTURUS was berthed for the winter of 1959 at a Lake Erie dock. In the course of his employment decedent drove his car off the end of the dock where his ship was berthed. He died of a skull fracture occasioned by impact upon the frozen waters of Lake Erie. Lake Erie is, of course,...

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