Blankenhorn
United States Fidelity & Guaranty Co. v. Blankenhorn
Opinion
Lead Opinion
Sure, J.
Motion to dismiss bill of complaint in equity, brought to “set aside, cancel, and restrain the enforcement of a purported judgment of the superi- *575 or court of the state of California, in and for the city and county of San Francisco, entered in accordance with a purported supplemental award of tho Industrial Accident Commission of said state, and to set aside, cancel, and restrain two purported supplemental awards of the said Industrial Accident Commission,” on the grounds that complainant is deprived of equal protection of the law under tho Fourteenth Amendment to the Constitution of tho United States; that the provision of the Workmen’s Compensation Act (St. 1917, p. 831) declaring that, even though an award of said commission be void on its face for want of jurisdiction, it is nevertheless ai valid award, and cannot be restrained by an injunction, is discriminatory, and a denial of equal protection of the laws, in violation of the Fourteenth Amendment to the United States Constitution; that the judgment and awards sought to be restrained are void on their face, because they show that at the time they were made the Industrial Accident Commission had no jurisdiction to make…