LUMBERMEN'S MUTUAL CASUALTY COMPANY v. EINBINDER

No. 18269.

343 F.2d 338 (1965)

LUMBERMEN'S MUTUAL CASUALTY COMPANY et al., Appellants v. Charles EINBINDER, Deputy Commissioner, United States Department of Labor, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 25, 1965.


Attorney(s) appearing for the Case

Mr. Warren E. Magee, Washington, D. C., for appellants.

Mr. Martin Jacobs, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Asst. Atty. Gen. John W. Douglas, David C. Acheson, U. S. Atty., and Sherman L. Cohn, Atty., Dept. of Justice, were on the brief, for appellee. Mr. Robert C. McDiarmid, Atty., Dept. of Justice, also entered an appearance for appellee.

Before WILBUR K. MILLER, Senior Circuit Judge, and BASTIAN and McGOWAN, Circuit Judges.


WILBUR K. MILLER, Senior Circuit Judge.

This case arises under the Workmen's Compensation Act.1 On September 29, 1958, Roy Jackson Mock, an employee of Thompson's Dairy, Inc., was injured in an accident which occurred in the course of his employment. He fell down a flight of four concrete steps while carrying two cans of milk, was hospitalized for ten days, and remained away from work through October 30, 1958. The doctors thought he had...

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