BURKETT v. O'HEARNE

No. 3704.

132 F.Supp. 690 (1955)

Nathaniel BURKETT, v. Stephen O'HEARNE, Deputy Commissioner, United States Department of Labor, Bureau of Employees' Compensation, Fourth Compensation District, and Bethlehem Steel Company, Employer-self insurer.

United States District Court D. Maryland, Admiralty Division.

July 5, 1955.


Attorney(s) appearing for the Case

Joel J. Hochman, Baltimore, Md., for libelant.

George Cochran Doub, U. S. Atty., James H. Langrall, Asst. U. S. Atty., Baltimore, Md., and Stuart Rothman, Sol. of Labor, Ward E. Boote, Asst. Sol. of Labor, Herbert P. Miller and James Edward Hughes, Attys., U. S. Dept. of Labor, Washington, D. C., for O'Hearne.

David R. Owen and Semmes, Bowen & Semmes, Baltimore, Md., for Bethlehem Steel Co.


THOMSEN, Chief Judge.

Attacking an order of the Deputy Commissioner rejecting his claim "on the ground that the claimant did not sustain accidental injury arising out of and in the course of employment", the claimant contends (a) that it ignores the evidence offered on behalf of the claimant, (b) that it is contrary to the weight of the evidence, and (c) that it is not in accordance with law.

But "It is well settled that the Deputy Commissioner's finding is...

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