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OLDMAN BOILER WORKS v. McMANIGAL

Civil Action No. 1779.

58 F.Supp. 697 (1944)

OLDMAN BOILER WORKS, Inc., et al. v. McMANIGAL, Deputy Com'r, U. S. Employees Compensation Commission, et al.

District Court, W. D. New York.

December 9, 1944.

Attorney(s) appearing for the Case

Adams, Smith, Brown & Starrett, of Buffalo, N. Y., for plaintiffs.

George L. Grobe, U. S. Atty., of Buffalo, N. Y. (Austin J. Donovan, Asst. U. S. Atty., of Rochester, N. Y., of counsel), for defendant McManigal.

George E. Phillies, of Buffalo, N. Y., for defendant Brayman.

KNIGHT, District Judge.

The defendant, Brayman, has been employed for about twenty-eight years by the plaintiff, Oldman Boiler Works, Inc. He has worked as boiler maker and burner, usually upon boats. On February 3, 1943, he was working inside of a boiler when he became weak, short of breath and collapsed. By order of the employer he was taken to the company doctor and there treated.

Thereafter the application for...

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