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HOUSER v. O'LEARY

Civ. No. 65-375.

253 F.Supp. 417 (1966)

John HOUSER, Libelant, v. J. J. O'LEARY, Deputy Commissioner, Fourteenth Compensation District, Respondent, American Mail Line, Ltd., a corporation, and Fireman's Fund Insurance Company, a corporation, Intervenors.

United States District Court D. Oregon.

March 19, 1966.

Attorney(s) appearing for the Case

Pozzi, Levin & Wilson, Portland, Or., for libelant.

Sidney I. Lezak, U. S. Atty., Jack G. Collins, Asst. U. S. Atty., Portland, Or. for respondent.

Gray, Fredrickson & Heath, Portland, Or., for intervenors.

SOLOMON, Chief Judge:

Libelant, John Houser, appeals from a decision of the Deputy Commissioner denying him compensation benefits under the Longshoremen's and Harbor Workers' Compensation Act. 33 U.S.C. §§ 901-950. This case is now before the Court on motions for summary judgment filed by all of the parties.

The facts are not in dispute. Houser was injured on May 1, 1965, while employed as a longshoreman by W. J. Jones, Inc., stevedores. He was working...

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