Pillsbury
Hastorf-Nettles, Inc. v. Pillsbury
Opinion
Opinion
McCORMICK, J.
Appellants, Hastorf-Nettles, Inc., and United Pacific Insurance Company, its insurance carrier, as complainants in the court below, sought an injunction against appellees whom they made defendants in the district court, to restrain the enforcement and effectiveness of a compensation order and award against them in favor of Cecil Vogel, a claimant, made by'Deputy' Commissioner Warren H. Pillsbury of the United States Compensation Commission, in the course of official duty pursuant to provisions of the Longshoremen’s and Harbor Workers’ Act of March 4, 1927, 33 U.S.C.A. § 901 et seq., as extended and made applicable to employment in certain defense base areas and elsewhere-by the Act of August 16, 1941, 42 U.S.C.A. §§ 1651 , 1654, (Defense Bases Act). Defendant Deputy Commissioner Pillsbury filed a motion to dismiss the complaint in the district court based upon the insufficiency of such initial pleading and upon the certified copy of the transcript of all proceedings before the Deputy Commissioner which resulted in the order and award.
After respective arguments, briefing and submission by litigants, and upon an independent examination of the record, the District Judge concluded…