Employers' Mutual Liability Insurance v. McLellan

MANSFIELD, District Judge.

This is a motion, brought on by order to show cause, to stay payment by plaintiff insurance carrier to defendant John Johnstone pursuant to an award, dated November 13, 1967, of defendant Deputy Commissioner McLellan under the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C. § 901 et seq. (the “Act” herein), pending determination of plaintiffs’ action commenced on November 27, 1967 in this Court to set aside the award. The payment was awarded as compensation in connection *911with the death of James M. Johnstone, son of defendant John Johnstone, at the…