O'Leary

Appellant Caldwell was injured on May 30, 1951 while working aboard the S.S. Seafair, a vessel owned and operated by Coastwise Lines, Inc. At the time of the injury the vessel was discharging freight at Seward, Alaska.

The freight being handled by appellant and others consisted of plasterboard packed in rather large bundles, and appellant was attempting to pry one of the bundles into a certain position when the peavy with which he was working slipped. Appellant fell backward and sustained an injury to his back. More than two years thereafter, to wit October 10, 1953, appellant sustained another injury while engaged in unloading cargo. This injury also occurred in Alaska. A claim for the May 30, 1951 injury was made on or about November 13, 1953. A hearing was had in Seattle, Washington, before a Deputy Commissioner residing at that city. An award was made to appellant on February 11, 1955. Being dissatisfied therewith, he filed in the District Court of the United States for the Western District of Washington, Northern Division, a petition for injunction against appellee. On August 18, 1955, the District Court entered an order dismissing the petition on the ground that it failed…