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KWASIZUR v. CARDILLO

UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF PENNSYLVANIA


March 10, 1948

KWASIZUR
v.
CARDILLO, Deputy Commissioner, U.S. Employees Compensation Commission, et al.

The opinion of the court was delivered by: MCGRANERY

This case involves an order of Frank A. Cardillo, Deputy Commissioner, United States Employees' Compensation Commission, rejecting a claim for compensation filed by the estate of Ignatius Kwasizur, since deceased. Under the review provisions of the Longshoremen's and Harbor Workers' Act, 33 U.S.C.A. ยง 920, claimant brought suit in this Court to have the order set aside. Through inadvertence, the caption of claimant's original complaint originally named only Kwasizur's employer, the Maritime Ship Cleaning and Maintenance Co., and its insurer, the Hartford Accident and Indemnity Co. This was later amended to include Cardillo as a party defendant, as well. Counsel for the employer and its insurer entered an appearance for them, and for Cardillo, as well, and on May 23rd, filed a motion to dismiss for all three parties defendant. On June 12th, the United States Attorney filed his answer to the bill of complaint. At a later date, notice was sent out that argument in the case, originally scheduled for June 23rd, would be held on July 21st. Notice was sent to counsel for plaintiff and for the employer and its insurer and was captioned as follows: "Re: ANNA KWASIZUR, ADMX. etc. No. 7182 vs. FRANK A. CARDILLO, Deputy Sur: Deft's motion to Comm's U.S. Employees dismiss. Compensation Comm. Claimant's appeal."

19480310

© 1992-2004 VersusLaw Inc.



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