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OVERSEAS AFRICAN CONSTRUCTION CORP. v. McMULLEN

Nos. 948, 1064 and 1108, Dockets 74-1092, 74-1103 and 74-1538.

500 F.2d 1291 (1974)

OVERSEAS AFRICAN CONSTRUCTION CORP., Employer, and St. Paul Mercury Insurance Co., Carrier, Appellants-Cross Appellees, v. Eugene McMULLEN; Deceased, by George McMullen, Executor, and John D. McLellan, Jr., Deputy Commissioner, United States Employees Compensation Commission, Second Compensation District, Appellees-Cross Appellants.

United States Court of Appeals, Second Circuit.

Decided July 5, 1974.

Rehearing and Rehearing En Banc Denied July 23, 1974.

Attorney(s) appearing for the Case

Irwin B. Silverman, Brooklyn, N. Y., (Jacowitz & Silverman, P. C., Brooklyn, N. Y., of counsel), for appellants-cross appellees.

Angelo C. Gucciardo, New York City (Israel, Adler, Ronca & Gucciardo, New York City, of counsel), for appellee-cross appellant McMullen.

Joshua T. Gillelan II, Atty., Dept. of Labor, Washington, D. C. (William J. Kilberg, Sol. of Labor, James G. Johnston, Asst. Sol. of Labor, George M. Lilly, Washington, D. C. of counsel), for appellee-cross appellant McLellan.

Before MEDINA, HAYS and OAKES, Circuit Judges.

OAKES, Circuit Judge:

The principal appeal is by St. Paul Mercury Insurance Co. (St. Paul) on behalf of itself and Overseas African Construction Corp. (Overseas African). St. Paul questions the jurisdiction of the deputy commissioner, United States Employees Compensation Commission, to make a $12,495.50 award,1 handed down June 22, 1972, on the behalf of claimant Eugene McMullen (claimant), a...

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