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EMPLOYERS MUTUAL LIABILITY INS. CO. OF WIS. v. ARRIEN

Civ. No. 65-CV-80.

244 F.Supp. 110 (1965)

EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN and Army & Air Force Post Exchange Service, Employer, Plaintiffs, v. Phillip F. ARRIEN, Deputy Commissioner, Second Compensation District, Bureau of Employees Compensation, United States Department of Labor, and Alfred Meegan, Defendants.

United States District Court N. D. New York.

Decided July 22, 1965.

Attorney(s) appearing for the Case

O'Shea, Griffin, Jones & McLaughlin, Rome, N. Y., and Louis V. Caronna, New York City, for plaintiffs.

Justin J. Mahoney, U. S. Atty., Syracuse, N. Y., and Charles Donahue, Sol. of Labor, Neil R. Peterson, Alfred H. Myers, Attys., Dept. of Labor, Washington, D. C., for defendants, James P. Shanahan, Asst. U. S. Atty., of counsel.

BRENNAN, Senior District Judge.

The decision in this litigation essentially involves the interpretation and application of the provisions of 5 U.S.C. § 150k-1, known as the Nonappropriated Fund Instrumentalities Act, to an undisputed state of facts. The inquiry is directed as to whether or not the provisions of the above Act are available to a member in the active military service of the United States Air Force who sustained a disabling injury while performing...

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