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POWELL v. ROGERS

No. 72-2884.

496 F.2d 1248 (1974)

Mary Stewart POWELL, Appellant, v. William K. ROGERS, Deputy Commissioner, United States Employees' Compensation Commission, 13th Compensation District, Appellee, STATE COMPENSATION INSURANCE FUND, Real Party in Interest-Appellee.

United States Court of Appeals, Ninth Circuit.

May 16, 1974.

Attorney(s) appearing for the Case

John P. Riordan (argued), Darwin & Riordan, San Francisco, Cal., for appellant.

Judith S. Feigin (argued), John F. Meadows, Atty. in Charge, Robert J. Finan, Admiralty & Shipping Section, U. S. Dept. of Justice, James L. Browning, Jr., U. S. Atty., San Francisco, Cal., for appellee.

Robert A. Laporta (argued), San Francisco, Cal., for real party in interest — State Compensation.

Before ELY and SNEED, Circuit Judges, and WILLIAMS, District Judge.

OPINION

SNEED, Circuit Judge:

The appellant, Ms. Mary Stewart Powell, brought this action pursuant to Section 21 of the Longshoreman's and Harbor Workers' Compensation Act, 33 U.S.C. § 901 et seq., before the Compensation Commission for the 13th Compensation District, which denied the appellant's claim for death benefits under the above Act as the "surviving wife" or "widow" of Mr. Amadee B. Powell. In the district court the Deputy Commissioner and...

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