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DIANA'S CASE

335 Mass. 757 (1957)

142 N.E.2d 358

JOSEPH L. DIANA'S CASE.

Supreme Judicial Court of Massachusetts, Suffolk.

May 3, 1957.

Attorney(s) appearing for the Case

Nazzareno A. Toscano, for the claimant.

Francis X. Burns, for the insurer.

Present: WILKINS, C.J., RONAN, SPALDING, COUNIHAN, & CUTTER, JJ.

COUNIHAN, J.

This is a proceeding to recover dependency compensation under the workmen's compensation act, G.L. (Ter. Ed.) c. 152, § 35A, as appearing in St. 1946, c. 553, which reads so far as here material, "Where the injured employee has persons conclusively presumed to be dependent upon him or in fact so dependent, the sum of two dollars and fifty cents shall be added ... for each person wholly dependent on the employee ... For the purposes of this

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