Whipple

C. F. Lytle Co. v. Whipple

Good Law
156 F.2d 155·1946 A.M.C. 1027·1946 U.S. App. LEXIS 2544
United States Court of Appeals for the Ninth CircuitJune 7, 1946No. 11217California1,626 words

Opinion

Lead Opinion

Bone, J.

This is a proceeding in which appellants seek to suspend and set aside a compensation order and award of compensation made under the provisions of Public Law 208 of the 77th Congress, 42 U.S.C.A. 1651 et seq. William Earnest Nutt was killed in Alaska while employed by appellants C. F. Lytle Co. and Green Construction Co., these companies being at the time engaged in a joint venture in the prosecution of a contract with the United States of America under the provisions of the statute noted. The insurance carrier was appellant, United States Fidelity and Guaranty Company.

A claim for compensation for his death was filed by Clark Nutt, the guardian of three minor children of Nutt. The claimant (guardian) and appellants stipulated in writing that the respondent Deputy Commissioner could and should consider as the record in this case (a) a transcript of the testimony taken at a coroner’s inquest held at Fairbanks, Alaska, about three days *156 after Nutt met his death, and (b) the depositions of four men connected in various capacities with the work on this project. Based on these records, the Deputy Commissioner made and filed the compensation order and award under consideration…

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