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AUSTIN v. O'KEEFFE

No. 23770.

379 F.2d 930 (1967)

Henry P. AUSTIN, Appellant, v. William M. O'KEEFFE, Deputy Commissioner et al., Appellees.

United States Court of Appeals Fifth Circuit.

July 5, 1967.

Attorney(s) appearing for the Case

John A. Lloyd, Jr., St. Petersburg, Fla., for appellant.

Brooks P. Hoyt, Tampa, Fla., Macfarlane, Ferguson, Allison & Kelly, Tampa, Fla., for appellees Tampa Ship Repair & Dry Dock Co. and United States Fidelity & Guaranty Co.

Alfred H. Myers, Atty., Dept. of Labor, Charles Donahue, Sol. of Labor, James E. Hughes, Atty., U. S. Dept. of Labor, of counsel, Edward F. Boardman, U. S. Atty., E. J. Salcines, Asst. U. S. Atty., for appellee O'Keeffe.

Before PHILLIPS, COLEMAN, and SIMPSON, Circuit Judges.

COLEMAN, Circuit Judge.

Henry P. Austin brought an injunctive proceeding under 33 U.S.C. § 921(b)1 to set aside a Longshoremen's and Harbor Workers' Compensation Act compensation order. The District Court granted summary judgments in favor of the deputy commissioner and the two intervenors, the employer and insurance carrier. Austin appealed. We reverse and remand with directions.

On August 15, 1961, Austin was injured in...

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