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HOWELL v. EINBINDER

No. 19086.

350 F.2d 442 (1965)

Ollie M. HOWELL, Appellant, v. Charles EINBINDER, Deputy Commissioner, Bureau of Employees' Compensation, U. S. Department of Labor, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided August 6, 1965.

Attorney(s) appearing for the Case

Mr. Martin E. Gerel, Washington, D. C., for appellant. Joseph H. Koonz, Jr., Washington, D. C., also entered an appearance for appellant.

Mr. George M. Lilly, Atty., Dept. of Labor, of the bar of the Supreme Court of North Carolina pro hac vice, by special leave of court, with whom Messrs. David C. Acheson, U. S. Atty., Charles Donahue, Sol., Dept. of Labor, Charles T. Duncan, Principal Asst. U. S. Atty., Frank Q. Nebeker, Asst. U. S. Atty., and Alfred H. Myers, Atty., Dept. of Labor, were on the brief, for appellee, Einbinder.

Mr. William J. Donnelly, Jr., Washington, D. C., with whom Messrs. Richard W. Galiher, William E. Stewart, Jr., and William H. Clarke, Washington, D. C., were on the brief, for appellee, Insurance Co. of North America.

Before BAZELON, Chief Judge, and FAHY and LEVENTHAL, Circuit Judges.

FAHY, Circuit Judge.

This is an appeal from an order of the District Court granting summary judgment for appellee, Deputy Commissioner, in the suit of the surviving wife and children of John Robert Howell. As a consequence of his death and the illness which preceded it, they had filed a claim for death benefits, compensation for temporary total disability and medical expenses under the Longshoremen's and Harbor Workers' Compensation Act, 44 Stat. 1424, as amended...

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