Munter Construction Company v. J. J. O'leary

223 F.2d 416 MUNTER CONSTRUCTION COMPANY, Inc., a corporation, and United States Fidelity and Guaranty Company, a corporation, Appellant, v. J. J. O'LEARY, Deputy Commissioner, Fourteenth Compensation District, U. S. Department of Labor, Appellee. No. 14451. United States Court of Appeals Ninth Circuit. June 8, 1955. Ralph E. Franklin, Seattle, Wash., for appellants. Stuart Rothman, Sol. of Labor, Ward E. Boote, Asst. Sol. of Labor, Herbert P. Miller, Atty., Dept. of Labor, Washington, D. C., Charles P. Moriarty, U. S. Atty., Leonard Ware, Edward J. McCormick, Jr., Asst. U. S. Attys., Seattle, Wash., for appellee. Before STEPHENS, HEALY and FEE, Circuit Judges. PER CURIAM. 1 This case arose on a petition for judicial review of a compensation order made by appellee, Deputy Commissioner, pursuant to the provisions of the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C.A. § 901 et seq., as made applicable to employment at certain defense areas by 42 U.S.C.A. §§ 1651-54 . 2 The Deputy Commissioner awarded compensation to the wife and dependents of one Ellis, an employee of appellant, who was accidentally killed while helping to roll a log off a railroad…