Strachan Shipping Company v. Shea, No. 25880.

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtPER CURIAM
Citation406 F.2d 521
PartiesSTRACHAN SHIPPING COMPANY and Texas Employers' Insurance Association, Appellants, v. R. J. SHEA, Deputy Commissioner, et al., Appellees.
Docket NumberNo. 25880.
Decision Date13 January 1969

406 F.2d 521 (1969)

STRACHAN SHIPPING COMPANY and Texas Employers' Insurance Association, Appellants,
v.
R. J. SHEA, Deputy Commissioner, et al., Appellees.

No. 25880.

United States Court of Appeals Fifth Circuit.

January 13, 1969.


406 F.2d 522

Ed. Bluestein, Jr., D. Dudley Oldham, Houston, Tex., for appellants; Fulbright, Crooker, Freeman, Bates & Jaworski, Houston, Tex., of counsel.

W. Jiles Roberts, James R. Gough, Asst. U. S. Atty., Edwin L. Weisl, Jr., Asst. Atty. Gen., Morton L. Susman, U. S. Atty., Houston, Tex., Morton Hollander, Ralph A. Fine, John C. Eldridge, Attys., Dept. of Justice, Washington, D. C., for appellees.

Before JONES and COLEMAN, Circuit Judges, and CHOATE, District Judge.

PER CURIAM:

In January, 1964, Lester Nehring, an employee of Strachan Shipping Company, was allegedly injured while working on board the SS RIO BERMEJO. He instituted a third party suit against the owner of the vessel to recover for the injuries he sustained. The owner in turn impleaded Nehring's employer, Strachan Shipping Company, for indemnity. The jury found that Nehring did not sustain an injury while working on board the vessel and denied recovery.

Thereafter, Nehring filed a claim before the Deputy Commissioner, pursuant to the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. § 901, et seq. The Deputy Commissioner held a formal hearing and, determining that Nehring did in fact suffer personal injuries while working on board the SS RIO BERMEJO, awarded compensation.

Strachan brought action to set aside the award. The District Court granted summary judgment in favor of the Deputy Commissioner and affirmed the award.

The question is: Did the jury finding that Nehring was not injured while on board the vessel collaterally estop the Deputy Commissioner from deciding to the contrary?

The issue is identical to that presented in Young & Co. v. Shea, 5 Cir., 1968, 397 F.2d 185, in which we held that the Deputy Commissioner was not estopped. That precedent is controlling here.

See also Watson v. Gulf Stevedore Corp., 5 Cir., 1968, 400 F.2d 649, and Goins v. Noble Drilling Corp., 5 Cir., 1968, 397 F.2d 392; petition for rehearing in Young and in Watson denied December 9, 1968, 404 F.2d 1059.

We again point out that the proceeding before the Deputy Commissioner is quite distinct from the ordinary civil suit before a jury. Unlike a judge in a civil suit, the Deputy Commissioner is not bound by common law or statutory rules of...

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24 practice notes
  • In re Four Seasons Securities Laws Litigation, No. 55
    • United States
    • United States District Courts. 10th Circuit. Western District of Oklahoma
    • January 18, 1974
    ...218, 71 L.Ed. 446 (1926); Ashe v. Swenson, 397 U.S. 436, 443, 90 S.Ct. 1189, 25 L.Ed.2d 469 (1970); Strachan Shipping Company v. Shea, 406 F.2d 521 (5 Cir. 1969), cert. den., 395 U.S. 921, 89 S.Ct. 1773, 23 L.Ed.2d 238; Neaderland v. CIR, 424 F.2d 639 (2 Cir. 1970), cert. den., 400 U.S. 827......
  • Hughes Aircraft Co. v. United States, No. 426-73.
    • United States
    • Court of Federal Claims
    • December 17, 1980
    ...a question of law, is not in any event binding on this court. Cf. Strachan Shipping Co. v. Shea, 276 F.Supp. 610 (D.C.Tex.1967), aff'd 406 F.2d 521 (5th Cir. 1969), cert. denied, 395 U.S. 921, 89 S.Ct. 1773, 23 L.Ed.2d 238 (1969). Accord, Levinson v. Spector Motor Co., 330 U.S. 649, 672, 67......
  • Newport News Shipbuilding & Dry Dock Co. v. Director, Office of Workers' Compensation Programs, U.S. Dept. of Labor, No. 77-1886
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • September 21, 1978
    ...920, 89 S.Ct. 1771, 23 L.Ed.2d 237 (1969); Strachan Shipping Company v. Shea, 276 F.Supp. 610, 612-614 (S.D.Tex.1967), Aff'd. per curiam, 406 F.2d 521 (5 Cir. 1969), Cert. denied, 395 U.S. 921, 89 S.Ct. 1773, 23 L.Ed.2d 238 (1969); Longshoremen's and Harbor Workers' Compensation Act, § 20, ......
  • Littell v. Morton, Civ. A. No. 19917-W.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Maryland)
    • January 14, 1974
    ...Corp. v. United States, 449 F.2d 362, 192 Ct.Cl. 12 (1971); Strachan Shipping Co. v. Shea, 276 F.Supp. 610 (S.D.Tex.1967), aff'd., 406 F.2d 521 (5 Cir.), cert. den., 395 U.S. 921, 89 S.Ct. 1773, 23 L.Ed.2d 238 (1969). As suggested by the Fourth Circuit in its prior The essential issues in t......
  • Request a trial to view additional results
24 cases
  • In re Four Seasons Securities Laws Litigation, No. 55
    • United States
    • United States District Courts. 10th Circuit. Western District of Oklahoma
    • January 18, 1974
    ...218, 71 L.Ed. 446 (1926); Ashe v. Swenson, 397 U.S. 436, 443, 90 S.Ct. 1189, 25 L.Ed.2d 469 (1970); Strachan Shipping Company v. Shea, 406 F.2d 521 (5 Cir. 1969), cert. den., 395 U.S. 921, 89 S.Ct. 1773, 23 L.Ed.2d 238; Neaderland v. CIR, 424 F.2d 639 (2 Cir. 1970), cert. den., 400 U.S. 827......
  • Hughes Aircraft Co. v. United States, No. 426-73.
    • United States
    • Court of Federal Claims
    • December 17, 1980
    ...a question of law, is not in any event binding on this court. Cf. Strachan Shipping Co. v. Shea, 276 F.Supp. 610 (D.C.Tex.1967), aff'd 406 F.2d 521 (5th Cir. 1969), cert. denied, 395 U.S. 921, 89 S.Ct. 1773, 23 L.Ed.2d 238 (1969). Accord, Levinson v. Spector Motor Co., 330 U.S. 649, 672, 67......
  • Newport News Shipbuilding & Dry Dock Co. v. Director, Office of Workers' Compensation Programs, U.S. Dept. of Labor, No. 77-1886
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • September 21, 1978
    ...920, 89 S.Ct. 1771, 23 L.Ed.2d 237 (1969); Strachan Shipping Company v. Shea, 276 F.Supp. 610, 612-614 (S.D.Tex.1967), Aff'd. per curiam, 406 F.2d 521 (5 Cir. 1969), Cert. denied, 395 U.S. 921, 89 S.Ct. 1773, 23 L.Ed.2d 238 (1969); Longshoremen's and Harbor Workers' Compensation Act, § 20, ......
  • Littell v. Morton, Civ. A. No. 19917-W.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Maryland)
    • January 14, 1974
    ...Corp. v. United States, 449 F.2d 362, 192 Ct.Cl. 12 (1971); Strachan Shipping Co. v. Shea, 276 F.Supp. 610 (S.D.Tex.1967), aff'd., 406 F.2d 521 (5 Cir.), cert. den., 395 U.S. 921, 89 S.Ct. 1773, 23 L.Ed.2d 238 (1969). As suggested by the Fourth Circuit in its prior The essential issues in t......
  • Request a trial to view additional results

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