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WM. SPENCER & SON CORPORATION v. LOWE

No. 106.

152 F.2d 847 (1945)

WM. SPENCER & SON CORPORATION v. LOWE et al.

Circuit Court of Appeals, Second Circuit.

December 26, 1945.

Attorney(s) appearing for the Case

Charles Landesman, of New York City, for appellant.

Abraham M. Fisch, of New York City, for claimant-appellee.

John F. X. McGohey, U. S. Atty., of New York City (Thomas G. Donlan, Asst. 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, of counsel), for Deputy-Commissioner-appellee.

Before L. HAND, SWAN, and FRANK, Circuit Judges.

SWAN, Circuit Judge.

This appeal presents the question whether the district court was right in affirming the deputy commissioner's decision that the claimant, a lighter captain, was not excluded from the coverage of the Act by section 3(a) (1), 33 U.S.C.A. § 903(a) (1), as "a master or member of a crew of any vessel." So far as the commissioner's decision turns on questions of fact, his finding with respect to coverage, if supported by the evidence, is conclusive...

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