Martorano v. Hughes

MEMORANDUM

DOOLING, District Judge.

Plaintiff has sued to restrain the enforcement of an award made under the Longshoremen’s and Harbor Workers’ Compensation Act (33 U.S.C.A. § 901 et seq.) on the ground that the employer and employee relationship did not exist between plaintiff and the decedent, Richard Wipperman, whose death gave rise to the award. As Judge Rosling pointed out at an earlier stage of the case (222 F.Supp. 789, 790), if the action tested only the existence of substantial evidence to support the Deputy Commissioner’s holding that the employment relation existed, the defendant…