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CUNNYNGHAM v. DONOVAN

No. 20420.

328 F.2d 694 (1964)

Kenneth H. CUNNYNGHAM, Appellant, v. P. J. DONOVAN, Deputy Commissioner, Seventh Compensation District, Bureau of Employees' Compensation, Appellee.

United States Court of Appeals Fifth Circuit.

March 2, 1964.

Attorney(s) appearing for the Case

J. Vance Thompson, Alexandria, La., for appellant.

Gene S. Palmisano, Asst. U. S. Atty., New Orleans, La., Louis C. LaCour, U. S. Atty., Charles Donahue, Sol. of Labor, Alfred H. Myers, George M. Lilly, Attorneys, U. S. Department of Labor, of counsel, for appellee.

Before CAMERON, WISDOM and GEWIN, Circuit Judges.

CAMERON, Circuit Judge.

This appeal presents two questions, the second answer being dependent on the answer to the first. Initially, we must decide whether the lower court had jurisdiction of the subject matter. If this query should be answered in the affirmative, then we must decide whether the loss of one leg and the loss of thirty-five per cent use of the other leg amounts to permanent and total disability within the meaning of the Longshoremen's and Harbor Workers...

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