Port Houston Ironworks, Inc. v. Calbeck

S.D. Texas

Port Houston Ironworks, Inc. v. Calbeck

227 F. Supp. 966, 1964 U.S. Dist. LEXIS 8181

CourtDistrict Court, S.D. Texas

DecidedMarch 18, 1964

DocketCiv. A. No. 63-H-460

StatusPublished

Cited by3 cases

This text of 227 F. Supp. 966 (Port Houston Ironworks, Inc. v. Calbeck) is published on Counsel Stack Legal Research, covering District Court, S.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Port Houston Ironworks, Inc. v. Calbeck, 227 F. Supp. 966, 1964 U.S. Dist. LEXIS 8181 (S.D. Tex. 1964).

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Opinion

HANNAY, District Judge.

This is a suit to set aside an award of compensation granted pursuant to the provisions of the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C.A. § 901 et seq.

Plaintiffs attack the jurisdiction of defendant deputy commissioner C. D. Cal-beck to enter such award, contending that the situs of the injury to defendant John William Welch was such that his remedies were limited to those provided by the Texas Workmen’s Compensation Act. The most recent authorities suggest a contrary conclusion. Calbeck v. Travelers Insurance Co., 1962, 370 U.S. 114, 82 S.Ct. 1196, 8 L.Ed.2d 368; Holland v. Harrison Bros. Dry Dock and Repair Yard, Inc. (5 Cir. 1962), 306 F.2d 369. The thrust of those cases is to obliterate nice distinctions constrictive of admiralty jurisdiction. The “building ways” in this case are sufficiently similar to other structures included in the comprehensive term “drydock” to sustain the deputy commissioner in his finding of jurisdiction. In the light of those opinions, especially as they delimit the “twilight zone,” the Puget Sound¹ **and Atlantic² cases are not persuasive.

It appearing to the Court after plenary hearing that the award is supported by substantial evidence, the action of the deputy commissioner is therefore affirmed.

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HANNAY, District Judge.

This is a suit to set aside an award of compensation granted pursuant to the provisions of the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C.A. § 901 et seq.

Plaintiffs attack the jurisdiction of defendant deputy commissioner C. D. Cal-beck to enter such award, contending that the situs of the injury to defendant John William Welch was such that his remedies were limited to those provided by the Texas Workmen’s Compensation Act. The most recent authorities suggest a contrary conclusion. Calbeck v. Travelers Insurance Co., 1962, 370 U.S. 114, 82 S.Ct. 1196, 8 L.Ed.2d 368; Holland v. Harrison Bros. Dry Dock and Repair Yard, Inc. (5 Cir. 1962), 306 F.2d 369. The thrust of those cases is to obliterate nice distinctions constrictive of admiralty jurisdiction. The “building ways” in this case are sufficiently similar to other structures included in the comprehensive term “drydock” to sustain the deputy commissioner in his finding of jurisdiction. In the light of those opinions, especially as they delimit the “twilight zone,” the Puget Sound¹ **and Atlantic² cases are not persuasive.

It appearing to the Court after plenary hearing that the award is supported by substantial evidence, the action of the deputy commissioner is therefore affirmed.

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Bluebook (online)

227 F. Supp. 966, 1964 U.S. Dist. LEXIS 8181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/port-houston-ironworks-inc-v-calbeck-txsd-1964.

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