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WEST PENN SAND & GRAVEL CO. v. NORTON

No. 6457.

95 F.2d 498 (1938)

WEST PENN SAND & GRAVEL CO. et al. v. NORTON, Deputy Commissioner (DONNE, Intervener).

Circuit Court of Appeals, Third Circuit.

March 18, 1938.

Attorney(s) appearing for the Case

John M. Reed, of Pittsburgh, Pa., for appellants.

Robert E. McCreary, and Bradshaw, McCreary & Reed, all of Beaver, Pa., for intervening defendant.

Charles F. Uhl, U. S. Atty., and John D. Ray, Asst. U. S. Atty., both of Pittsburgh, Pa., for defendant Augustus P. Norton, Deputy Commissioner.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

DAVIS, Circuit Judge.

This is an appeal from a decree of the District Court dismissing the bill of complaint filed by the appellants in which they sought to have set aside an award of compensation made by Deputy Commissioner Norton in favor of Rose Delle Donne for the death of her husband, Joseph Delle Donne.

The only question involved is whether or not the death of Donne arose "out of" his employment within the meaning...

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