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BATCHON'S CASE

333 Mass. 605 (1956)

132 N.E.2d 400

NAGEEB BATCHON'S CASE.

Supreme Judicial Court of Massachusetts, Suffolk.

February 29, 1956.

Attorney(s) appearing for the Case

John T. Foynes, for the insurer.

Robert D. Manning, for the claimant.

Present: QUA, C.J., RONAN, SPALDING, COUNIHAN, & WHITTEMORE, JJ.

WHITTEMORE, J.

This is the insurer's appeal from a decree of the Superior Court recommitting the case to the Industrial Accident Board for a hearing. The board had ruled that the claim made was res judicata because it related to a period of disability and a heart condition theretofore "considered and passed upon by a single member, a reviewing board and the Superior Court," and had dismissed the claim without hearing the case. The employee contends that a new cause...

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