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FLORES v. BAY RIDGE OPERATING CO.

No. 13.

131 F.2d 310 (1942)

FLORES v. BAY RIDGE OPERATING CO., Inc.

Circuit Court of Appeals, Second Circuit.

November 2, 1942.

Attorney(s) appearing for the Case

Sidney L. Masone, of New York City (Philip F. Di Costanzo, of Brooklyn, N. Y., on the brief), for plaintiff-appellee.

Robert P. Nash, of New York City (Kirlin, Campbell, Hickox, Keating & McGrann and Vernon S. Jones, all of New York City, on the brief), for intervening defendant-appellant.

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

CLARK, Circuit Judge.

This appeal raises the question whether the Deputy Commissioner of the United States Employees' Compensation Commission was in error, as the district court held, in making an award to plaintiff based upon a finding of partial, instead of total, disability. Plaintiff, a longshoreman, suffered an injury to his back sometime during the fall of 19371 while at work for the intervening defendant here, unloading a vessel...

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