Opinion
No. 135, Docket 20834.
February 11, 1948.
Appeal from the United States District Court for the Southern District of New York.
From an order granting summary judgment in favor of the defendants against the plaintiffs, and denying the motion of the latter for summary judgment in their favor in an action by the Penn Stevedoring Corporation, employer, and the Glens Falls Indemnity Company, its insurance carrier, against Frank A. Cardillo, as Deputy Commissioner, Second Compensation District, and Lula Mae Best, to set aside an award of compensation under the Longshoremen's and Harbor Workers' Compensation for the death of Earl Best, employee, the plaintiffs appeal.
Kirlin, Campbell, Hickox Keating, of New York City (Vernon S. Jones, Raymond Parmer, and Matthew L. Danahar, all of New York City, of counsel), for plaintiffs-appellants.
John F.X. McGohey, U.S. Atty., of New York City (John F. Ryan, Asst. U.S. Atty., and Ward E. Boote, Chief Counsel, and Herbert P. Miller, Asst. Chief Counsel, U.S. Employees Compensation Commission, all of New York City, of counsel), for defendant-appellee Cardillo.
Milton Koerner, of New York City, for defendant-appellee Lula Mae Best.
Before AUGUSTUS N. HAND, CLARK, and WOODBURY, Circuit Judges.
Affirmed on the opinion of Rifkind, J., 72 F. Supp. 991.