HARBOR MARINE CONTRACTING CO. v. LOWE

No. 111.

152 F.2d 845 (1945)

HARBOR MARINE CONTRACTING CO. et al. v. LOWE, Deputy Com'r, U. S. Employees Compensation Commission, et al.

Circuit Court of Appeals, Second Circuit.

December 24, 1945.


Attorney(s) appearing for the Case

Charles F. Bachmann, of Boston, Mass., (John P. Smith, of New York City, on the brief), for appellants.

Thomas G. Donlan, Asst. U. S. Atty., of New York City (John F. X. McGohey, U. S. Atty., Ward E. Boote, Chief Counsel, and Herbert P. Miller, Asst. Chief Counsel, U. S. Employees' Compensation Commission, all of New York City, on the brief), for appellee Samuel S. Lowe.

Max L. Katzman, of Brooklyn, N.Y., for appellee Frances Riviello.

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


CLARK, Circuit Judge.

This appeal raises the issue whether aggravation of a heart condition of an employee, induced by his work and working conditions, and his resulting death constitute "accidental injury or death arising out of and in the course of employment," within the meaning of the Longshoremen's and Harbor Workers' Compensation Act, § 2(2), 33 U.S.C.A. § 902(2). Deceased had a condition of coronary sclerosis...

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