Racanati v. Black Diamond Stevedoring Co., Inc.

The opinion of the court was delivered by

Heher, J.

We concur in the conclusion of. the Supreme Court that there is no tangible evidence tending to show that the representation in question was false to defendant’s knowledge at the time it was made; and thus we have no occasion to consider defendant’s contention that an action in deceit will not lie for such fraud, since a recovery in deceit would constitute an adjudication by the state court of plaintiff’s “right to compensation” under the Federal Longshoremen’s and Harbor Workers’ Compensation Act of 1927, as amended by chapter 685 of the…