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JOHNSON v. BRITTON

No. 16025.

290 F.2d 355 (1961)

Hardy JOHNSON, Appellant, v. Theodore BRITTON, Deputy Commissioner, Bureau of Employees' Compensation, United States Department of Labor, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided March 30, 1961.

Attorney(s) appearing for the Case

Mr. Philip J. Lesser, Washington, D. C., with whom Mr. I. Irwin Bolotin, Washington, D. C., was on the brief, for appellant.

Mr. Herbert P. Miller, Asst. Sol., Department of Labor, with whom Messrs. Oliver Gasch, U. S. Atty., and Carl W. Belcher, Asst. U. S. Atty., were on the brief, for appellee Britton.

Mr. M. S. Mazzuchi, Washington, D. C., for appellees, Aetna Casualty & Surety Company and Everett T. Greenstreet.

Before FAHY, BASTIAN and BURGER, Circuit Judges.

BASTIAN, Circuit Judge.

This is an appeal from a judgment of the District Court granting defendants' (appellees') motion for summary judgment against plaintiff (appellant) and dismissing plaintiff's complaint filed to set aside in part a compensation order issued by defendant, Deputy Commissioner, Bureau of Employees' Compensation.

The facts, which are not in dispute, disclose that on August 21, 1957, plaintiff was in the employ of the employer named as intervenor...

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