McCLANAHAN v. MORAUER & HARTZELL, INC., et al.
No. 70-5097.
Argued October 21, 1971
Decided November 8, 1971
John Louis Smith, Jr., argued the cause for petitioner. With him on the brief was George H. Mitchell, Jr.
James C. Gregg argued the cause for respondents. With him on the brief was James F. Bromley.
Per Curiam.
Under § 33 (g) of the Longshoremen’s and Harbor Workers’ Compensation Act, an employer is not obligated to pay compensation to an employee who, without the employer’s written approval, settles a claim against a third person for an amount less than the compensation to which the employee is entitled under the Act. 44 Stat. 1441, as amended, 33 U. S. C. § 933 (g). Certiorari was granted in this case, 402 U. S. 1008 (1971), on the assumption that it presented the question whether the consent judgment entered by the District Judge awarding petitioner damages against a third person evidenced a “compromise” subject to § 33 (g), or an award of damages “determined ... by the independent evaluation of a trial judge,” not subject to § 33 (g) under Banks v. Chicago Grain Trimmers Assn., 390 U. S. 459, 467 (1968). Fuller examination of the case on oral argument discloses that the record does not adequately present that question. The writ of certiorari is therefore dismissed as improvidently granted.
It is so ordered.
case did not arise on cert or cert not granted federal court conflict federal court conflict and to resolve important or significant question putative conflict conflict between federal court and state court state court conflict federal court confusion or uncertainty state court confusion or uncertainty federal court and state court confusion or uncertainty to resolve important or significant question to resolve question presented no reason given other reason