Pillsbury

This appeal raises the question of the right of an employer and an insurer against whom an award of compensation has been made by a Deputy Labor Commissioner, and who have enjoined the enforcement of the award, to proceed to final judgment in the United States District Court, notwithstanding the failure to substitute the successor of the Deputy Commissioner as defendant in the injunction proceedings within six months of the taking of office by the successor after the resignation of the defendant in such suit.

Crescent Wharf & Warehouse Company and Pacific Employers Insurance Company filed complaint in the District Court for the purpose of reviewing compensation orders 1 made by Warren H. Pillsbury, Deputy Commissioner, United States Department of Labor, Bureau of Employees’ Compensation, 13th Compensation District, who was named a defendant. Plaintiffs also joined as defendant William Lasche, the injured worker. A preliminary injunction was obtained in accordance with the statute.

On March 28, 1955, hearing was had before the District Court. An order remanding the cause was made June 27, 1955, but on appropriate motion this or *852 der was vacated and the cause resubmitted on…