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POWELL v. WORKMEN'S COMPENSATION BD. OF STATE OF NEW YORK

Nos. 51-52, Dockets 27753-28099.

327 F.2d 131 (1964)

Thomas POWELL, Plaintiff-Appellant, v. WORKMEN'S COMPENSATION BOARD OF the STATE OF NEW YORK, American Mutual Liability Insurance Co., and O'Brien Bros. Shipyard Corporation, Defendants-Appellees. Thomas POWELL, Plaintiff-Appellant, 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 Lefkowitz, Attorney General of the State of New York, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided January 23, 1964.

Attorney(s) appearing for the Case

Dora Aberlin, New York City, for plaintiff-appellant.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, pro se, and for defendants-appellees, Workmen's Compensation Bd. of the State of New York, and Nelson Rockefeller, Governor of the State of New York (Samuel A. Hirshowitz, First Asst. Atty. Gen., Irving L. Rollins, Asst. Atty. Gen., of counsel).

Alexander, Ash & Schwartz, New York City (Sidney A. Schwartz, William N. Mairs, Jr., New York City, of counsel), for American Mutual Liability Ins. Co.

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

Joseph Dean Edwards, New York City (James Gallatin Mackey, New York City, of counsel), for O'Brien Bros. Shipyard Corp.

Before WATERMAN, HAYS and MARSHALL, Circuit Judges.

WATERMAN, Circuit Judge.

Plaintiff, a disappointed claimant in proceedings before the New York Workmen's Compensation Board, brought two separate actions in the United States District Court for the Southern District of New York, based upon the manner in which his claim for compensation had been processed by the Board.

In Action No. 1 plaintiff joined as defendants the Board, his employer O'Brien Brothers Shipyard Corporation, and his employer's insurance carrier...

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