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AMERICAN MERCURY INSURANCE COMPANY v. BRITTON

No. 17113.

314 F.2d 285 (1963)

AMERICAN MERCURY INSURANCE COMPANY and Royal Indemnity Company, Appellants, v. Theodore BRITTON, Deputy Commissioner, District of Columbia Compensation District, Bureau of Employees Compensation, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 21, 1963.

Attorney(s) appearing for the Case

Mr. Francis J. Ford, Washington, D. C., with whom Mr. Hugh Lynch, Jr., Washington, D. C., was on the brief, for appellants.

Mr. Herbert P. Miller, Asst. Sol., Department of Labor, with whom Acting Asst. Atty. Gen., Joseph D. Guilfoyle, Messrs. David C. Acheson, United States Atty., Morton Hollander, Attorney, Department of Justice, and Charles Donahue, Sol., Department of Labor, were on the brief, for appellee.

Before EDGERTON and BURGER, Circuit Judges, and BELL, Circuit Judge for the Fourth Circuit.

BELL, Circuit Judge.

The employer and its insurance carrier brought this action to set aside an award of the Deputy Commissioner of the District of Columbia Compensation District, Bureau of Employees' Compensation. The District Court granted the Commissioner's motion for summary judgment. We affirm the judgment of the District Court.

The ultimate issue before this court is whether the Deputy Commissioner's inference that the injury arose out of and in the...

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