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C. J. MONTAG AND SONS, INC. v. O'LEARY

Civ. No. 68-228.

304 F.Supp. 188 (1969)

C. J. MONTAG AND SONS, INC., and Argonaut Insurance Company, Plaintiffs, v. J. J. O'LEARY, Deputy Commissioner, Fourteenth Compensation District Bureau of Employees' Compensation, U. S. Department of Labor, Defendant, v. Janice K. INGLES, Intervenor-Defendant.

United States District Court D. Oregon.

May 5, 1969.

Attorney(s) appearing for the Case

Gray, Fredrickson & Heath, Lloyd W. Weisensee, Portland, Or., for plaintiffs.

Sidney I. Lezak, U. S. Atty., Jack G. Collins, Asst. U. S. Atty., Portland, Or., for defendant O'Leary.

Pozzi, Wilson & Atchison, Portland, Or., for intervenor-defendant.

OPINION AND ORDER

SOLOMON, Chief Judge:

This is an action to recover benefits under the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. § 902. Frank K. Dahl was employed by plaintiff Montag to help construct a fish ladder at Willamette Falls on the Willamette River near Oregon City. He was killed while trying to move a tractor off a barge. The barge had carried the tractor upstream to the working area. Montag filed notice with the Oregon...

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