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SUPERIOR CAFETERIA AND LUNCH CO. v. BRITTON

No. 16731.

307 F.2d 663 (1962)

SUPERIOR CAFETERIA AND LUNCH CO., Inc., and National Union Fire Insurance Co. of Pittsburgh, Appellants, v. Theodore BRITTON, Deputy Commissioner, District of Columbia Compensation District, Bureau of Employees' Compensation, United States Department of Labor, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 21, 1962.

Petition for Rehearing Denied September 12, 1962.

Attorney(s) appearing for the Case

Mr. John Flather Ellis, Washington, D. C., for appellants.

Mr. Herbert P. Miller, Asst. Sol., Dept. of Labor, with whom Messrs. Charles Donahue, Sol., Dept. of Labor, David C. Acheson, U. S. Atty., Charles T. Duncan, Principal Asst. U. S. Atty., and Nathan J. Paulson, Asst. U. S. Atty., were on the brief, for appellee. Mr. Judah Best, Asst. U. S. Atty., also entered an appearance for appellee.

Before WASHINGTON, BASTIAN and WRIGHT, Circuit Judges.

PER CURIAM.

This is a workmen's compensation case, in which the employer and its insurance carrier seek to set aside an award made by the Deputy Commissioner. The employee, a man of 69, suffered an inguinal hernia when he lifted a case of canned goods during his employment. Surgery was originally recommended, but was not performed because the employee's poor state of health was deemed by the surgeons to preclude it. He suffered from myocardial weakness, coronary insufficiency...

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