O'leary v. Puget Sound Bridge & Dry Dock Company

349 F.2d 571 J. J. O'LEARY, Deputy Commissioner, Bureau of Employees' Compensation, Fourteenth Compensation District, United States Department of Labor, Appellant, v. PUGET SOUND BRIDGE & DRY DOCK COMPANY, Appellee. No. 19273. United States Court of Appeals Ninth Circuit. July 29, 1965. 1 John W. Douglas, Asst. Atty. Gen., Morton Hollander, Leavenworth Colby, Attys., Dept. of Justice, Washington, D.C., for appellant. 2 Edward S. Franklin, John P. Sullivan, Bogle, Bogle & Gates, Seattle, Wash., for appellee. 3 John J. O'Connell, Atty. Gen. of Washington, John C. Martin, Asst. Atty. Gen., Seattle, Wash., for amicus curiae, State of Washington. 4 Before HAMLEY and JERTBERG, Circuit Judges, and MATHES, Senior district judge. MATHES, Senior District Judge: 5 Appellee sued in the District Court pursuant to the provisions of 21(b) of the Longshoremen's and Harbor Workers' Compensation Act (ch. 509, 21(b), 44 Stat. 1436 (1927); 33 U.S.C. 921(b)), to review and set aside, as not in accordance with law, an award of $482.00 disability compensation made to one Bradley under the Act (33 U.S.C. 908). Judge Beeks granted appellee's motion for summary judgment, vacating and enjoining…