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BALLWANZ v. JARKA CORPORATION OF BALTIMORE

No. 10067.

382 F.2d 433 (1967)

William BALLWANZ, to the Use of Liberty Mutual Insurance Company, Appellant, v. JARKA CORPORATION OF BALTIMORE, Appellee.

United States Court of Appeals Fourth Circuit.

Decided August 31, 1967.

Attorney(s) appearing for the Case

John J. O'Connor, Jr., Baltimore, Md. (O'Connor & Preston, Baltimore, Md., on brief), for appellant.

David R. Owen, Baltimore, Md. (Semmes, Bowen & Semmes, Baltimore, Md., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and SOBELOFF and BOREMAN, Circuit Judges.

HAYNSWORTH, Chief Judge:

The question is the right of an attorney for an injured longshoreman to a fee at the expense of the stevedore under the Longshoremen's and Harbor Workers' Compensation Act1 in the frequently encountered rotary situation in which the stevedore is also the ship's indemnitor. We think disallowance of the fee claim was properly entered.

Ballwanz, a longshoreman employed by Jarka Corporation, was injured while...

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