Perry

This is a petition for an injunction, directed to the deputy commissioner for the Thirteenth compensation district of the United States Employees’ Compensation Commission, restraining him from refusing to make an award of compensation, as provided for by the Longshoremen’s and Harbor Workers’ Compensation Act of March 4, 1927 (33 USCA §§ 901-950). The matter came on for hearing on order to show cause why a preliminary injunction should not issue. It appearing, however, that this order to show cause was erroneously issued, since section 21 (b) of the act (33 USCA § 921 [b]) contemplates an interlocutory injunction only when an award has been made, and not where an award has been denied, the parties herein have stipulated that the case be submitted on its merits for final determination.

The record of the proceedings before the commissioner was, by stipulation, made an exhibit to the petition. In this connection it should be noted that the petition in a proceeding under section 21 of this act (33 US CA § 921) must be so framed that it states more than mere conclusions of law. In order to present a sufficient case, petitioner should either allege the proceedings before the…