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EARLE RESTAURANT v. O'MEARA

No. 9335.

160 F.2d 275 (1947)

EARLE RESTAURANT, Inc. v. O'MEARA.

United States Court of Appeals District of Columbia.

Decided February 24, 1947.

Attorney(s) appearing for the Case

Mr. J. Harry Welch, of Washington, D. C., with whom Messrs. H. Mason Welch and John R. Daily, both of Washington, D. C., were on the brief, for appellant.

Mr. John H. Burnett, of Washington, D. C., with whom Mr. Arthur F. Carroll, Jr., of Washington, D. C., was on the brief, for appellee.

Before GRONER, Chief Justice, and CLARK and PRETTYMAN, Associate Justices.

PRETTYMAN, Associate Justice.

Appellee O'Meara was a musician in an orchestra in the Neptune Room of the Earle Restaurant. She was injured there and brought a civil action against the Restaurant for negligence. The Restaurant answered that she was its employee and, therefore, limited to her claim under the Workmen's Compensation Act.1 The case went to trial before a jury, and a verdict for Miss...

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