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WARD v. CARDILLO

No. 8275.

135 F.2d 260 (1943)

WARD v. CARDILLO et al.

United States Court of Appeals for the District of Columbia.

Decided April 19, 1943.

Attorney(s) appearing for the Case

Mr. Nicholas J. Chase, of Washington, D. C., with whom Mr. Robert E. Lynch, of Washington, D. C., was on the brief, for appellant.

Messrs. Edwin A. Swingle and Ward E. Boote, Chief Counsel, United States Employees' Compensation Commission, both of Washington, D.C., with whom Messrs. Edward M. Curran, United States Attorney, Bernard J. Long, Assistant United States Attorney, and Ernest A. Swingle, all of Washington, D. C., were on the brief, for appellees.

Before GRONER, Chief Justice and VINSON and EDGERTON, Associate Justices.

GRONER, C. J.

This is a compensation case under the Longshoremen's Act1 in which the Deputy Commissioner rejected the claim. The District Court affirmed and the claimant appeals.

The uncontradicted evidence shows that the claimant lived in Loudoun County, Virginia, some forty miles from Washington, on the high road between Winchester and Washington. Prior to the end of the year 1940 he was in the habit of driving his own car to...

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