EMPLOYERS' MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN v. McLELLAN

No. 67 Civ. 4653.

290 F.Supp. 910 (1967)

EMPLOYERS' MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN, Insurance Carrier and the Flying Tiger Lines, Inc., Employer, Plaintiffs, v. John D. McLELLAN, Jr., Deputy Commissioner Second Compensation District Bureau, Foreign Compensation District, United States Department of Labor and John Johnstone, Defendants.

United States District Court S. D. New York.

December 15, 1967.


Attorney(s) appearing for the Case

Kirlin, Campbell & Keating, New York City, for plaintiffs.

Robert M. Morgenthau, U. S. Atty., for Southern District of New York, by Louis E. Greco, Attorney in Charge, Admiralty & Shipping Section, Department of Justice, New York City, for Deputy Commissioner.

Florio, Dunn, Marciano & Lypinski, Hoboken, N. J., and Tabacoff, Sylvan & Tabacoff, New York City, for defendant John Johnstone.


MANSFIELD, District Judge.

This is a motion, brought on by order to show cause, to stay payment by plaintiff insurance carrier to defendant John Johnstone pursuant to an award, dated November 13, 1967, of defendant Deputy Commissioner McLellan under the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. § 901 et seq. (the "Act" herein), pending determination of plaintiffs' action commenced on November 27, 1967 in this Court to set aside the award...

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