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FAZIO v. CARDILLO

No. 7498.

109 F.2d 835 (1940)

FAZIO v. CARDILLO et al.

United States Court of Appeals for the District of Columbia.

Decided January 8, 1940.

Attorney(s) appearing for the Case

Thomas E. Rhodes, of Washington, D. C., for appellant.

David A. Pine, U. S. Atty., William S. Tarver, Asst. U. S. Atty., Arthur J. Phelan, and O. R. McGuire, Jr., all of Washington, D. C., for appellees.

Before GRONER, C. J., and MILLER and VINSON, JJ.

GRONER, C. J.

Appellant was employed as a cafeteria man in the service of the Mayflower Hotel Corporation in Washington City. He was injured March 11, 1938, while engaged in a personal altercation with Peter Smith, a co-employee, and applied for compensation under the provisions of the Longshoremen's Act, made applicable to the District of Columbia by the Act of May 17, 1928.1 The deputy commissioner heard the evidence and rejected appellant...

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