Penn Stevedoring Corp. v. Cardillo

RIFKIND, District Judge.

Action by an employer, Penn Stevedoring Corporation, and its insurance carrier, Glens Falls Indemnity Company, to set aside, under § 921(b) of the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C.A. § 901 et seq., a compensation award made by defendant Cardillo, a Deputy Commissioner under the Act, to the children of Earl Best, the deceased employee.

The defendants, Cardillo and Lulu Mae Best, mother of the children, move, before answer, to dismiss the complaint for failure to state a claim upon which relief can be granted, or, in the alternative, for…