Lumbermens Mutual Casualty Co. v. Brooke

YOUNGDAHL, District Judge.

This is a suit filed by an employer’s compensation carrier for the return of certain monies paid under a compensation award to a disabled employee and to the employee’s Committee. The complaint is in two counts, one alleging an account stated, the other alleging money had and received without consideration. Defendants have moved to dismiss both counts of the complaint, and in the alternative for summary judgment thereon, asserting that the court lacks jurisdiction over the subject matter since, it is argued, the Longshoremen’s and Harbor Workers’ Compensation Act, 33…