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OVERSEAS AFRICAN CONSTRUCTION CORP. v. McMULLEN

No. 72 Civ. 3119-CLB.

367 F.Supp. 202 (1973)

OVERSEAS AFRICAN CONSTRUCTION CORPORATION, Employer, and St. Paul Mercury Insurance Company, Carrier, Plaintiffs, v. Eugene McMULLEN, Dec'd, et al., Defendants.

United States District Court, S. D. New York.

November 21, 1973.

Attorney(s) appearing for the Case

Jacowitz & Silverman, P. C., by Irwin B. Silverman, Brooklyn, N. Y., for plaintiffs.

Israel, Adler, Ronca & Gucciardo, by Angelo C. Gucciardo, New York City, for defendant McMullen.

Paul J. Curran, U. S. Atty., U. S. Dept. of Justice, Admiralty & Shipping Sec., by Gilbert S. Fleischer, New York City, for defendant McLellan.

MEMORANDUM AND ORDER

BRIEANT, District Judge.

Defendants McMullen and McLellan move for summary judgment, pursuant to Rule 56, F.R.Civ.P., dismissing the complaint here, and granting judgment on McMullen's counterclaim affirming the award of the Deputy Commissioner of the United States Employee's Compensation Commission, for statutory penalty for failure to pay or stay the award, and counsel fees to be awarded against plaintiffs for instituting these proceedings...

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