Lavino Shipping Co. v. Donovan

JOHN W. LORD, Jr., District Judge.

The cross motions to dismiss which are before this Court are principally concerned with a compensation order filed by the defendant deputy commissioner on August 9, 1961 pursuant to the provisions of the Longshoremen’s and Harbor Workers’ Compensation Act of March 4, 1927, 44 Stat. 1424, 33 U.S.C.A. § 901 et seq., hereinafter to be called The Act.

While unloading the S.S. Marine Courier on March 29, 1956, George Smith, a longshoreman then employed by the plaintiff Lavino Shipping Company (hereinafter to be referred to as Lavino) was struck by a falling grab…