Flying Tiger Lines, Incorporated v. David R. Landy

Good Law
370 F.2d 46·31 Cal. Comp. Cases 528·1966 U.S. App. LEXIS 4399
United States Court of Appeals for the Ninth CircuitNovember 14, 196620358_1California4,011 words

Opinion

Opinion

370 F.2d 46 FLYING TIGER LINES, INCORPORATED, and Employers Mutual Liability Insurance Company of Wisconsin, Appellants, v. David R. LANDY, Deputy Commissioner for the 13th Compensation District and Peter Gregory Thomas, Maureen Altair Thomas, and Terry Ava Thomas, Minor Children of Gregory Peter Thomas, Deceased, Appellees. No. 20358. United States Court of Appeals Ninth Circuit. Nov. 14, 1966. Warren Hanna, of Hanna & Brophy, San Francisco, Cal., for appellants. John W. Douglas, Asst. Atty. Gen., Cecil F. Poole, U.S. Atty., Morton Hollander, Leavenworth Colby, Attys., Dept. of Justice, Washington, D.C., for appellees. Before: JERTBERG, BROWNING, and ELY, Circuit Judges. ELY, Circuit Judge: 1 Appellants, plaintiffs below, sought to set aside and enjoin enforcement of a compensation award made by the Deputy Commissioner. 42 U.S.C. 1653(b). Their appeal challenges the District Court's action in granting the Deputy Commissioner's motion for summary judgment and dismissing the suit. Our jurisdiction rests on 28 U.S.C. 1291. 2 The controversy originated with the disappearance, on March 16, 1962, of an airplane operated by Flying Tiger Lines, Inc., the plaintiff-employer, and…

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