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INDEPENDENT STEVEDORE COMPANY v. O'LEARY

No. 20198.

357 F.2d 812 (1966)

INDEPENDENT STEVEDORE COMPANY et al., Appellants, v. J. J. O'LEARY, Deputy Commissioner, Bureau of Employees' Compensation, Department of Labor, Appellee.

United States Court of Appeals Ninth Circuit.

March 3, 1966.

Attorney(s) appearing for the Case

Gray, Fredrickson & Heath, Nathan J. Heath, Portland, Or., for appellant.

Sidney I. Lezak, U. S. Atty., Portland, Ore., John W. Douglas, Asst. Atty. Gen., Morton Hollander, Lawrence R. Schneider, Attys., Dept. of Justice, Washington, D. C., for appellee.

Before BARNES, BROWNING and DUNIWAY, Circuit Judges.

BROWNING, Circuit Judge.

This is an appeal from a judgment of the district court in a proceeding under section 21(b) of the Longshoremen's and Harbor Workers' Compensation Act, 44 Stat. 1436 (1927), 33 U.S.C.A. § 921(b), sustaining a deputy commissioner's compensation award.

The record discloses that until 1951 or 1952 the employee performed hard work without physical difficulty as a sailor, logger, pile driver, carpenter, and longshoreman. In 1951 or...

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