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UNITED STATES FIDELITY AND GUARANTY CO. v. DONOVAN

No. 11937.

221 F.2d 515 (1954)

UNITED STATES FIDELITY AND GUARANTY CO., a corporation, Appellant, v. P. J. DONOVAN, Deputy Commissioner, District of Columbia Compensation District, Bureau of Employees' Compensation, United States Department of Labor, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided September 16, 1954.

Attorney(s) appearing for the Case

Mr. J. Joseph Barse, Washington, D. C., with whom Messrs. H. Mason Welch, John R. Daily, J. Harry Welch, and Charles B. DeShazo, Washington, D. C., were on the brief, for appellant.

Mr. Ward E. Boote, Asst. Sol., U. S. Dept. of Labor, Washington, D. C., with whom Messrs. Leo A. Rover, U. S. Atty., Lewis A. Carroll, Asst. U. S. Atty., and James Edward Hughes, Atty., U. S. Dept. of Labor, Washington, D. C., were on the brief, for appellee, P. J. Donovan, etc., Mr. William J. Peck, Asst. U. S. Atty., Washington, D. C., at time record was filed, entered an appearance for appellee P. J. Donovan, etc.

Before BAZELON, WASHINGTON and DANAHER, Circuit Judges.

BAZELON, Circuit Judge.

Appellant, the compensation insurance carrier of the B & J Construction Company, Inc., brought this suit to enjoin the enforcement of a workmen's compensation award to appellee Blackburn, as the surviving wife of a deceased employee, James E. Blackburn. The complaint asserted that the Deputy Commissioner erred in determining that (1) he had jurisdiction over the injury, and (2) the injury arose out of and in the course of employment. The...

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