Houser v. O'leary

383 F.2d 730 John HOUSER, Appellant, v. J. J. O'LEARY, Deputy Commissioner Fourteenth Compensation District, American Mail Line, Ltd., a corporation, and Fireman's Fund Insurance Company, a corporation, Appellees. No. 21289. United States Court of Appeals Ninth Circuit. September 27, 1967. Philip Levin, Pozzi, Levin & Wilson, Portland, Or., for appellant. Barefoot Sanders, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., Sidney I. Lezak, U. S. Atty., Portland, Or., Leavenworth Colby, Atty., Admiralty & Shipping Section, Dept. of Justice, Washington, D. C., Lloyd Weisensee, Gray, Frederickson & Heath, Portland, Or., for appellees. Before POPE, MERRILL and BROWNING, Circuit Judges. MERRILL, Circuit Judge: 1 The question presented by this appeal is whether the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S. C. § 901 et seq., covers injuries occurring on wharves. 2 Appellant is a longshoreman who, on May 1, 1965, was engaged in loading the vessel Guam Bear at Portland. He was working as a slingman on a pier adjacent to the ship, which was afloat on navigable waters. His job was to stand on top of a railroad gondola car and hook a sling onto a load…