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WILSON & CO. v. LOCKE

No. 335.

50 F.2d 81 (1931)

WILSON & CO., Inc. v. LOCKE, Deputy Commissioner, Employees' Compensation Commission.

Circuit Court of Appeals, Second Circuit.

May 18, 1931.

Attorney(s) appearing for the Case

Single & Single, of New York City (James D. Cooney, of Chicago, Ill., and Paul D. Compton, and W. Harry Stromenger, both of New York City, of counsel), for appellant.

George Z. Medalie, U. S. Atty., of New York City (Walter H. Schulman, Asst. U. S. Atty., of New York City, of counsel), for appellee.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

SWAN, Circuit Judge (after stating the facts as above).

The first assignment of error presents two important questions with respect to the Longshoremen's and Harbor Workers' Compensation Act (33 USCA § 901 et seq.), one involving a problem of statutory interpretation, the other involving a problem of constitutional law. Stated specifically, the questions are: (1) Does the statute contemplate a trial de novo by the District Court; (2) if it does not, must it be...

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