PITTSTON STEVEDORING CORP. v. WILLARD

No. 272, Docket 22006.

190 F.2d 267 (1951)

PITTSTON STEVEDORING CORP. et al. v. WILLARD, Deputy Commissioner et al.

United States Court of Appeals Second Circuit.

Decided June 28, 1951.


Attorney(s) appearing for the Case

Purdy, Lamb & Catoggio, New York City (Vincent A. Catoggio, New York City, of counsel), for appellants.

Frank J. Parker, U. S. Atty., Nathan Borock, Asst. U. S. Atty., Brooklyn, N. Y., (William S. Tyson, Solicitor, Ward E. Boote, Assistant Solicitor, Herbert P. Miller, Washington, D. C., and Ida I. Kloze, Attorneys, U. S. Department of Labor, Employees' Compensation Division, of counsel), for appellee Willard.

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


PER CURIAM.

On the day of his death, January 12, 1949, the employee was engaged in loading heavy cases on the S. S. "City of Alma" at Staten Island, New York. The deputy commissioner found that he was 50 years of age and suffered from preexisting arteriosclerotic heart disease and myocardial fibrosis; that the cause of death was acute heart failure; and that the work he was performing at the time of his collapse required severe effort which precipitated the acute...

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