T. H. Mastin & Co. v. Pickering Lumber Co.

Good Law
2 F. Supp. 605·1933 U.S. Dist. LEXIS 1773
United States District Court, Northern District of CaliforniaJanuary 28, 1933No. 2885KCalifornia2,310 words

Opinion

Lead Opinion

Kerrigan, J.

This 'case presents a novel problem in receivership administration in California, namely, what priority have claimants under workmen’s compensation awards for injuries suffered before the receivership, in the assets of the receivership of a company which acted as a self-insurer under the California Workmen’s Compensation Act (Deering’s Gen. Laws 1933, Act 4749) ? The problem is not *606 only new, but it presents considerable difficulty. Counsel have rendered the fullest assistance to the court by their able and full discussion of the subject in their briefs.

The matter comes before the court by the petition of claimants filed in the ancillary receivership of defendant corporation in which they pray for a decree declaring that their claims are prior and preferred and directing the ancillary receiver as to the priority of payments. .Claimants have awards against the defendant corporation for injuries sustained by them as employees thereof or as compensation to dependents of employees who were killed in the service of defendant corporation.' The company is a foreign corporation carrying on a lumbering business in California and other states. Under the provisions of section 29' (a)…

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