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GREAT AMERICAN INDEMNITY COMPANY v. BELAIR

No. 216, Docket 24884.

254 F.2d 131 (1958)

GREAT AMERICAN INDEMNITY COMPANY and Townsend Transportation Company, Plaintiffs-Appellants, v. Raymond F. BELAIR, Deputy Commissioner, First Compensation District, under the Longshoremen's and Harbor Workers' Compensation Act, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided April 7, 1958.

Attorney(s) appearing for the Case

Bradley B. Bates, Hartford, Conn. (William E. Glynn, Charles W. Page, and Day, Berry & Howard, Hartford, Conn., on the brief), for plaintiffs-appellants.

Herbert E. Morris, Atty., Dept. of Justice, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., Samuel D. Slade, Atty., Dept. of Justice, Washington, D. C., and Simon S. Cohen, U. S. Atty., D. Conn., Hartford, Conn., on the brief), for defendant-appellee.

Before CLARK, Chief Judge, HINCKS, Circuit Judge, and BRENNAN, District Judge.

PER CURIAM.

On this award of compensation under the Longshoremen's and Harbor Workers' Compensation Act to the widow of John Thomas Horn, a deceased longshoreman, the only issue is whether there was substantial evidence to support the deputy commissioner's finding that Mrs. Horn at his death was a surviving wife living apart from her husband by reason of his desertion of her within the meaning of 33 U.S.C. § 902(16). The evidence (mainly from Mrs. Horn) showed...

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