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PENN JERSEY WELDING CO. v. LOWE

No. 10148.

183 F.2d 936 (1950)

PENN JERSEY WELDING CO. et al. v. LOWE, Deputy Commissioner et al.

United States Court of Appeals Third Circuit.

Decided July 27, 1950.

Attorney(s) appearing for the Case

Frederick H. Spotts, Philadelphia, Pa., (Augustus S. Ballard, Harold Scott Baile, Philadelphia, Pa., and Pepper, Bodine, Stokes & Hamilton, Philadelphia, Pa., on the brief), for appellant.

Milton M. Borowsky, Philadelphia, Pa., (Freedman, Landy & Lorry, Philadelphia, Pa., on the brief), for appellee Greenberg.

Herbert P. Miller, Washington, D. C., (Gerald A. Gleeson, U. S. Atty., James P. McCormick, Ass't U. S. Atty., Philadelphia, Pa., Ward E. Boote, Chief Counsel, Bureau of Employees' Compensation, Federal Security Agency, Washington, D. C., on the brief), for Lowe.

Before MARIS, WOODBURY, and HASTIE, Circuit Judges.

HASTIE, Circuit Judge.

This appeal presents the single question whether death benefits payable to a workman's widow under Section 9 of the Longshoremen's and Harbor Workers' Compensation Act1 should be measured by the provisions of that section in effect at the time the workman was injured or by the more liberal provisions of the section as amended after his injury but before his death.

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