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

No. 19273.

349 F.2d 571 (1965)

J. J. O'LEARY, Deputy Commissioner, Bureau of Employees' Compensation, Fourteenth Compensation District, United States Department of Labor, Appellant, v. PUGET SOUND BRIDGE & DRY DOCK COMPANY, Appellee.

United States Court of Appeals Ninth Circuit.

July 29, 1965.


Attorney(s) appearing for the Case

John W. Douglas, Asst. Atty. Gen., Morton Hollander, Leavenworth Colby, Attys., Dept. of Justice, Washington, D. C., for appellant.

Edward S. Franklin, John P. Sullivan, Bogle, Bogle & Gates, Seattle, Wash., for appellee.

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

Before HAMLEY and JERTBERG, Circuit Judges, and MATHES, Senior District Judge.


MATHES, Senior District Judge:

Appellee sued in the District Court pursuant to the provisions of § 21(b) of the Longshoremen's and Harbor Workers' Compensation Act [ch. 509, § 21(b), 44 Stat. 1436 (1927); 33 U.S.C. § 921 (b)], to review and set aside, as not in accordance with law, an award of $482.00 disability compensation made to one Bradley under the Act [33 U.S.C. § 908]. Judge Beeks granted appellee's motion for summary judgment, vacating...

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