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AETNA INSURANCE COMPANY v. O'KEEFFE

No. 22133.

356 F.2d 660 (1966)

AETNA INSURANCE COMPANY, Appellant, v. William M. O'KEEFFE, Deputy Commissioner, Sixth Compensation District, et al., Appellees.

United States Court of Appeals Fifth Circuit.

February 21, 1966.

Attorney(s) appearing for the Case

Robert P. Gaines, Beggs, Lane, Daniel, Gaines & Davis, Pensacola, Fla., for appellant.

Angus G. Andrews, DeFuniak Springs, Fla., Clinton Ashmore, U. S. Atty., Stewart Carrouth, Asst. U. S. Atty., Tallahassee, Fla., Morton Hollander, Florence Wagman, Roisman, Attys., Dept. of Justice, John W. Douglas, Asst. Atty. Gen., Washington, D. C., for appellees.

Before JONES and THORNBERRY, Circuit Judges, and SLOAN, Senior District Judge.

SLOAN, Senior District Judge:

This is an appeal by Aetna Insurance Company from a final decree of the district court, dismissing its complaint for a mandatory injunction to the Deputy Commissioner for the Sixth Compensation District. The decree in effect affirmed the action of the Deputy Commissioner in awarding benefits to appellee Walter Thomas Dykes, hereinafter referred to as claimant, under the Nonappropriated Fund Instrumentalities Act.

The complaint...

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