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MARTORANO v. HUGHES

No. 62-C-1063.

222 F.Supp. 789 (1963)

Salvatore MARTORANO, Plaintiff, v. Thomas F. HUGHES, Deputy Commissioner, Second Compensation District, Defendant.

United States District Court E. D. New York.

On Rehearing October 30, 1963.

Attorney(s) appearing for the Case

Allinson & Gerzof, Freeport, N. Y., for plaintiff.

Joseph P. Hoey, U. S. Atty., Eastern Dist. of New York, for defendant; Louis E. Greco, New York City, of counsel.

ROSLING, District Judge.

Motion by defendant, the Deputy Commissioner, Second Compensation District (Commissioner), for summary judgment pursuant to Rule* 56 is denied. Such determination is bottomed solely on the premise that Crowell v. Benson,1 the continuing authority of which is subject to serious question, is controlling. The court is accordingly, for the reasons hereinafter noted, of the opinion that...

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