MARTORANO v. HUGHES

No. 62 C 1063.

302 F.Supp. 50 (1966)

Salvatore MARTORANO, Plaintiff, v. Thomas F. HUGHES, Deputy Commissioner Second Compensation District, Defendant.

United States District Court E. D. New York.

October 3, 1966.


Attorney(s) appearing for the Case

Abraham Markhoff, New York City (Markhoff, Gottlieb, Lazarus, D'Auria, Taylor & Maldonado, New York City, of counsel), for plaintiff.

Louis E. Greco, New York City, and Leavenworth Colby, Washington, D. C. (Joseph P. Hoey, U. S. Atty., of counsel), for defendant.


MEMORANDUM

DOOLING, District Judge.

Plaintiff has sued to restrain the enforcement of an award made under the Longshoremen's and Harbor Workers' Compensation Act (33 U.S.C.A. § 901 et seq.) on the ground that the employer and employee relationship did not exist between plaintiff and the decedent, Richard Wipperman, whose death gave rise to the award. As Judge Rosling pointed out at an earlier stage of the case (222 F.Supp. 789

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