Moran v. Lowe
| Decision Date | 06 October 1943 |
| Docket Number | No. C-2349.,C-2349. |
| Citation | 52 F. Supp. 39 |
| Parties | MORAN v. LOWE, Deputy Commissioner, Second Compensation District of United States Employees Compensation Commission, et al. |
| Court | U.S. District Court — District of New Jersey |
Theodore Rabinowitz, of Jersey City, N. J. (Abraham J. Slurzberg, of Jersey City, N. J., of counsel), for plaintiff.
Charles M. Phillips, U. S. Dist. Atty., of Trenton, N. J., for defendants.
The United States Attorney, appearing in behalf of the Deputy Commissioner of the Second Compensation District of the United States Employees Compensation Commission, has moved to strike out the complaint filed herein by the plaintiff on the ground that it fails to state a claim upon which relief can be granted.
It alleges that on the merits shown in the complaint, the injunctive relief asked for against the operation of the judgment entered by the Deputy Commissioner should not be granted because the said judgment was proper in law and was supported by competent evidence, and should therefore be considered by this court as final and conclusive; and, secondly, that the alternative relief prayed by the plaintiff, namely, for a trial de novo, is not allowable since no constitutional jurisdictional question exists which would entitle this court to grant such relief.
The plaintiff insists that the right to a trial de novo on jurisdictional matters is an absolute right which may not be denied, citing as the basis for its contention Crowell v. Benson, 285 U.S. 22, 52 S.Ct. 285, 76 L.Ed. 598.
Upon an examination of the record, the court feels that there is ground for the conclusions arrived at by the Deputy Commissioner, and that these findings are properly based upon evidence with no errors of law, and therefore the plaintiff has no right to demand a redetermination of the facts thus found.
Insofar as the contention of the plaintiff that the case of Crowell v. Benson, previously cited, is authority for the claim that the plaintiff has a right to demand a trial de novo, such an interpretation of the case would nullify the whole purpose of the creation of the Commission for determination of compensation matters. If a trial de novo were a matter of right, without discretion of the reviewing court, then the Commission would have no proper reason for existence, and all matters relating to employee's compensation might more effectively be heard by this court in the first instance without preliminary recourse to futile appearances before the...
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Martorano v. Hughes
...& Dock Co. v. Bassett, 104 F.2d 522, 523 (7th Cir. 1939); Luckenbach S.S. Co., Inc. v. Lowe, 96 F.Supp. 918 (E.D.Pa.1951); Moran v. Lowe, 52 F. Supp. 39 (D.N.J.1943); Ford v. Parker, 52 F.Supp. 98, 99 (D.Md.1943); West Kentucky Coal Co. v. McManigal, 51 F. Supp. 781, 782 (E.D.Ill.1943); Tuc......
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Luckenbach SS Co. v. Lowe, 10501.
...Jersey, 3 Cir., 113 F.2d 413, 414, the Act was not construed to compel the court to do so without the exercise of discretion. Moran v. Lowe, D.C., 52 F.Supp. 39; Larson, "The Doctrine of `Constitutional Fact'", 15 Temple L.Q. 185, 206 (1941). It appears that the evidence upon the so-called ......
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Babich v. Lowe, Civil Action No. 3020.
...Act as the sole trier of the facts in such cases. Henderson v. Pate Stevedoring Company, 5 Cir., 134 F.2d 440. Also Moran v. Samuel S. Lowe, D. C., 52 F.Supp. 39, in memorandum filed by this court on October 6, It would appear, therefore, that the complaint affords insufficient basis for th......