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TURNBULL v. CYR

No. 12493.

188 F.2d 455 (1951)

TURNBULL et al. v. CYR, Deputy, Bureau of Employees' Compensation, et al.

United States Court of Appeals Ninth Circuit.

March 20, 1951.

Attorney(s) appearing for the Case

Leonard Hanna & Brophy, Edmund D. Leonard and Ivan A. Schwab, all of San Francisco, Cal., for appellant.

Frank J. Hennessy, U. S. Atty., Edgar R. Bonsall and Macklin Fleming, all of San Francisco, Cal. (Ward E. Boote, Chief Counsel, Herbert P. Miller, Asst. Chief Counsel, Bu. of Employees' Compensation, Fed. Security Agency, Washington, D. C., of counsel), for appellee.

Before STEPHENS and ORR, Circuit Judges, and FEE, District Judge.

JAMES ALGER FEE, District Judge.

Kenneth R. Ross was employed in the year 1943 by J. Gordon Turnbull and Sverndrup and Parcel, contractors on the Canol Project, a defense base project in Yukon Territory in Canada. Ross died on March 30, 1948, as a result of tuberculosis found to have been contracted while engaged in this work. Lois G. M. Ross, as widow and on behalf of John Gary Ross, a son born September 2, 1947, filed an application for death benefits under the...

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