HANCOCK v. EINBINDER

No. 16958.

310 F.2d 872 (1962)

Mildred T. HANCOCK, Widow of Deceased Employee, Lewis L. Hancock, etc., Appellant, v. Charles EINBINDER, Deputy Commissioner, Department of Labor, Bureau of Employees' Compensation, District of Columbia Compensation District, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided November 15, 1962.

Petition for Rehearing Denied January 7, 1963.


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. George M. Lilly, Attorney, Department of Labor, of the bar of the Supreme Court of North Carolina, pro hac vice, by special leave of court, with whom Messrs. Charles Donahue, Solicitor, Department of Labor, Herbert P. Miller, Asst. Solicitor, Department of Labor, David C. Acheson, U. S. Atty., Charles T. Duncan, Principal Asst. U. S. Atty., and Nathan J. Paulson, Asst. U. S. Atty., at the time the brief was filed, were on the brief, for appellee Einbinder.

Mr. Abbott A. Leban, Asst. U. S. Atty., at the time the record was filed, also entered an appearance for appellee Einbinder.

Mr. James E. Murray, Washington, D. C., with whom Mr. Arthur J. Phelan, Washington, D. C., was on the brief, for appellee Liberty Mutual Ins. Co.

Before WILBUR K. MILLER, FAHY and WRIGHT, Circuit Judges.


Petition for Rehearing En Banc Denied En Banc January 7, 1963.

WILBUR K. MILLER, Circuit Judge.

On April 4, 1959, Lewis L. Hancock was examined by a physician who diagnosed his ailment as angina pectoris. Nevertheless, he continued his work in the mailing department of a magazine publisher. Having worked a full week with some overtime, he reported at 4:00 p. m. Sunday, August 30, 1959, and continued work until about 1:30 a. m. August 31, when he collapsed...

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