YOUNG & COMPANY v. SHEA

No. 24249.

397 F.2d 185 (1968)

YOUNG & COMPANY and Texas Employers Insurance Association, Appellants, v. R. J. SHEA, Deputy Commissioner of Labor, et al., Appellees.

United States Court of Appeals Fifth Circuit.

As Modified on Denial of Rehearing August 19, 1968.

Second Rehearing Denied December 12, 1968.


Attorney(s) appearing for the Case

E. D. Vickery, Gus A. Schill, Jr., of Royston, Rayzor & Cook, Houston, Tex., for appellants.

W. Jiles Roberts, Houston, Tex., Alfred H. Myers, Atty., Dept. of Justice, Washington, D. C., James R. Gough, Asst. U. S. Atty., Houston, Tex., for appellees.

Before JONES, WISDOM and THORNBERRY, Circuit Judges.


THORNBERRY, Circuit Judge:

This appeal involves the applicability of collateral estoppel to administrative proceedings and presents important first-impression questions that materially affect the administration of the Longshoremen's and Harbor Workers' Compensation Act (33 U.S.C. § 901 et seq.).

In 1962 Paul Tugwell instituted a court action against A. F. Klaveness & Company, the shipowner, for injuries occurring on the ship. The shipowner impleaded...

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