Marshall

This is an appeal from a judgment of the District Court dismissing appellants’ hill to secure a review of an order of the Deputy Commissioner of the United States Employees’ Compensation Commission (ap-pellee herein) entered by him under authority of the Longshoremen’s and Harbor-workers’ Compensation Act.

The appellant General Casualty Company of America is the insurance carrier for the appellant Weyerhaeuser Timber Company. They will hereinafter be referred to as “insurer” and “employer” respectively.

On March 3, 1932, Lyle T. Wallace, an employee of appellant employer, died as a result of injuries sustained by him during his employment as a longshoreman on the steamship “San Pedro”, at Longview, Washington.

On April 20, 1932, upon petition by Mabel Wallace, mother of Miles Wallace, a minor, the deputy commissioner filed an order authorizing the said Mabel Wallace to make election on behalf of her son to recover damages for the death of his father. On said date the said Mabel Wallace filed on behalf of herself and on behalf of her minor son a notice, the pertinent part of which we quote as follows: “I * * * hereby elect under section 33 of the Longshoremen’s and Harbor…