WIRRICK
v.
BLOOMINGTON

U.S. | 1943-05-24
No. 920
319 U.S. 756 Supreme Court of the United States (1943) Positive Treatment
Cited by 3 cases

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  • …n or benefits would be valid except as provided in the Act. 33 U.S.C. §§ 915(b), 916.3 These sections have operated as a general bar to settlements. See generally, Henderson v. Glens Falls, Indemnity Co., 134 F. 2d 320 (5th Cir. 1943), cert. denied, 319 U.S. 756, 63 S.Ct. 1175, 87 L.Ed. 1709; Lumber Mutual Casualty Insurance Co. v. Locke, 60 F. 2d 35 (2d Cir. 1932). While the underlying policy of the Act generally precluded disposition of these cases by way of compromise and settlement, Congress did provid…
  • Air Terminal Servs., Inc. v. The United States, 330 F.2d 974 (Ct. Cl. 1964)
    …f. We conclude that defendant is entitled to recover on its counterclaim in the sum of $9,565.88. Judgment is entered for defendant in this amount. . Other cases in point are: Bloomington v. Wirrick, 381 Ill. 347, 45 N.E. 2d 852 (1942) cert. denied 319 U.S. 756, 63 S.Ct. 1175, 87 L.Ed. 1709; Bowers v. Muskegon, 305 Mich. 676, 9 N.W. 2d 889 (1943); Boswell v. Mitchell, 56 N.M. 201, 242 P. 2d 493 (1952); Wm. Laubach & Sons v. Easton, 347 Pa. 542, 32 A. 2d 881 (1943).…
  • Bowen v. Shamrock Towing Co., 139 F.2d 674 (2d Cir. 1943)
    …77] fact for determination by the jury or the court, as the case may be. Carumbo v. Cape Cod S. S. Co., 1 Cir., 123 F. 2d 991, 994. As Judge Hutcheson remarked in Henderson v. Glens Falls Indemnity Co., 5 Cir., 134 F. 2d 320, 322, certiorari denied 319 U.S. 756, 63 S.Ct. 1175, a bargeman may or may not be a member of a crew of a vessel, within the exclusory provision of the Compensation Act, according to the facts of the particular case. Upon the facts stipulated at the pretrial hearing it cannot be rule…

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