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BASIL v. CYR

Civ. A. No. 6082.

130 F.Supp. 642 (1954)

Frank BASIL, Plaintiff, v. Albert J. CYR, Deputy Commissioner, United States Department of Labor, Bureau of Employees Compensation, Ninth Compensation District; Grain Handling Company, Inc., and State Insurance Fund of New York, Defendants.

United States District Court W. D. New York.

September 23, 1954.

Attorney(s) appearing for the Case

Desmond & Drury, Buffalo, N. Y., for plaintiff, James Heaney, Buffalo, N. Y., of counsel.

Robert D. Fernbach, Buffalo, N. Y., for defendants, Grain Handling Co., Inc. and State Insurance Fund. Victor Fiddler, Glen Oaks, N. Y., of counsel.

Edwin A. Davis, adjustor for State Insurance Fund.

John O. Henderson, U. S. Atty., Robert P. Freedman, Asst. U. S. Atty., Buffalo, N. Y., for defendant, Albert J. Cyr.

KNIGHT, Chief Judge.

Plaintiff was employed by the defendant Grain Handling Co., Inc. as a grain handling foreman. He claims that on April 28, 1951, while so employed, he was forced to work several hours in a heavy rainfall and as a result he became sick, and that sickness later developed into tuberculosis.

A claim for compensation benefits was filed with the U. S. Department of Labor, Bureau of Employees Compensation, under provisions of the Longshoremen...

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