Gray

Liberty Mut. Ins. v. Gray

Good Law
137 F.2d 926·1943 A.M.C. 1122·1943 U.S. App. LEXIS 4124
United States Court of Appeals for the Ninth CircuitAugust 27, 1943No. 10355California876 words

Opinion

Lead Opinion

Denman, J.

This is an appeal from a judgment dismissing a complaint of appellant insurance company seeking to enjoin the enforcement of an award of compensation made by Deputy Commissioner Andrew F. Schmitz 1 to appellee McClees under the provisions of the Longshoremen’s and Harbor Workers’ Act of March 4, 1927, 33 U.S.C.A. § 901 et seq., made applicable to employees of persons engaged in National Defense activities by the Defense Base Act of August 16, 1941. 55 Stat. 622 , 623, 42 U.S.C.A. §§ 1651-1654 .

McClees was an employee of a group of corporations and an individual person associated in a joint venture for the prosecution of certain defense projects on the Island of Oahu of the Hawaiian Islands, and commonly referred to and known as “Contractors, Pacific Naval Air Bases,” hereinafter referred to as Contractors. Appellant was the insurance carrier of the Contractors.

McClees was employed by the Contractors in certain defense work carried on at Kaneohe on the Island of Oahu. He filed a claim with the Deputy Commissioner for a disability resulting from an injury arising out of and in the course of his employment with the Contractors which stated a cause of action within the provisions…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.