(DOWNLOAD) "Christensen v. United States" by United States Court Of Appeals Second Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Christensen v. United States
- Author : United States Court Of Appeals Second Circuit
- Release Date : January 06, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Libelant is the non-dependent adult son and administrator of a longshoreman who was killed on November 12, 1945, while employed by Turner & Blanchard, Inc., the impleaded respondent, to work on a vessel owned by the United States and operated by the War Shipping Administration, the original respondents. He instituted the present action the next year as legal representative of the deceased. The United States answered the libel and upon its motion Turner & Blanchard, Inc., was then impleaded. In answer to the petition filed by the United States against it, Turner & Blanchard, Inc., alleged payment of $1,000 into a special Treasury Fund pursuant to the order of the Deputy Commissioner of the Second Compensation District made upon determination that there was no person entitled to compensation under the provisions of the Longshoremens and Harbor Workers Compensation Act, 33 U.S.C.A. ร§ร§ 901 et seq., 944; it therefore asked for dismissal of the libel and the petition as to it. Thereafter, on October 31, 1950, the United States moved for an order of dismissal of the libel. It contended that by virtue of the payment by the employer into the special fund pursuant to the Commissioners order libelant no longer enjoyed the capacity to sue as legal representative of the deceased, since his right of action had been assigned to the employer by operation of 33 U.S.C.A. ร§ 933(c). The District Court agreed and entered a final decree dismissing the libel. From this decree libelant appeals.