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AVIGNONE FRERES, INC. v. CARDILLO

No. 7638.

117 F.2d 385 (1940)

AVIGNONE FRERES, Inc., et al. v. CARDILLO, Deputy Com'r of U. S. Employees Compensation Commission, et al.

United States Court of Appeals for the District of Columbia.

December 30, 1940.

Attorney(s) appearing for the Case

Norman B. Frost, Frank H. Myers, and Frederic N. Towers, all of Washington, D. C., for appellants.

Edward M. Curran, U. S. Atty., William S. Tarver, Asst. U. S. Atty., Z. Lewis Dalby, Chief Counsel, Charles T. Branham, U. S. Employees' Compensation Commission, and Crandal Mackey, all of Washington, D. C., for appellees.

Before STEPHENS, VINSON, and EDGERTON, Associate Justices.

EDGERTON, Associate Justice.

This is a bill to set aside an award of compensation for the death of an employee.1 The District Court dismissed the bill. The question is whether the Deputy Commissioner's finding that death resulted from an injury is supported by substantial evidence.

On August 16, 1936, in the course of his employment, a diabetic employee accidentally bruised his toe. In consequence the toenail came off, infection...

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