Albina Engine & Machine Works v. O'leary

BROWNING, Circuit Judge.

The sole question on this appeal is whether the District Court erred in sustaining the determination of the Deputy Commissioner that Hilda O’Brien was the'“surviving wife” of John C. O’Brien, within the meaning of Section 909 of the Longshoremen’s and Harbor Workers’ Compensation Act, 44 Stat. 1424 (1927), 33 U.S.C.A. §§ 901-950.

The meaning of the statute is, of course, a question of federal law. However, since the statute does not define the term “surviving wife,” 1 and since marital status is ordinarily determined by local law, it has been assumed that Congress…