Zeller

This is an appeal from an order permanently enjoining appellant from enforcing payment of a penalty imposed under a provision of the Longshoremen’s and Harbor Workers’ Compensation Act, section 14, subd. f ( 33 U.S.C.A. § 914 (f).

The earlier history of this controversy is detailed in our opinions in Associated Indemnity Corporation et al. v. Marshall et al., 71 F.(2d) 235 , and Associated Indemnity Corporation et al. v. Marshall et al., 71 F.(2d) 420 . For present purposes it will be convenient briefly to review the progress of the litigation.

On December 12, 1931, an award was made under the Longshoremen’s and Harbor Workers’ Compensation Act ( 33 U.S.C.A. § 901 et seq.) in favor of appellant’s intestate John Thomas, who was injured while in the employ of appellee W. J. Jones & Son. The award was for $1,968.34, directed to be paid in bi-weekly installments. On January 11, 1932, Thomas filed a bill in the District Court for a review pursuant to subdivision (b) of section 21 of the act ( 33 U.S.C.A. § 921 (b), claiming error in the method of computing his compensation. The employer and its insurance carrier, appellees here, on March 1, 1932, intervened in the proceeding brought…