BRITTON v. GREAT AMERICAN INDEMNITY COMPANY

No. 16120.

290 F.2d 381 (1961)

Theodore BRITTON, Deputy Commissioner, Bureau of Employees Compensation U. S. Department of Labor, Appellant, v. GREAT AMERICAN INDEMNITY COMPANY, a corporation, and Jo-Del Restaurant, Inc., a corporation, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided May 4, 1961.

Petition for Rehearing Denied June 5, 1961.


Attorney(s) appearing for the Case

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

Mr. Paul J. Sedgwick, Washington, D. C., for appellees.

Before BAZELON, FAHY and BASTIAN, Circuit Judges.


Petition for Rehearing En Banc Denied June 5, 1961.

BAZELON, Circuit Judge.

An employer and its insurance carrier brought this suit against the Deputy Commissioner to set aside a compensation order directing payment of benefits to the dependents of two musicians fatally wounded by two disgruntled customers, who returned to the employer's premises after having been ejected. The amended complaint challenged only three of the defendant's findings: (1) that the...

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