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MASSEY v. D. C. TRANSIT SYSTEM, INC.

Nos. 20898, 20902.

388 F.2d 584 (1967)

William MASSEY, Deputy Commissioner Bureau of Employees' Compensation, Appellant, v. D. C. TRANSIT SYSTEM, INC., Appellee. William Guinn WHITE, Appellant, v. D. C. TRANSIT SYSTEM, INC., Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 8, 1967.

Attorney(s) appearing for the Case

Mr. Jack H. Weiner, Attorney, Department of Justice, with whom Acting Asst. Atty. Gen. Carl Eardley, Messrs. David G. Bress, U. S. Atty., and John C. Eldridge, Attorney, Department of Justice, were on the brief, for appellant in No. 20,898. Mr. Frank Q. Nebeker, Asst. U. S. Atty., entered an appearance for appellant in No. 20,898. Mr. Frederick H. Livingstone, Arlington, Va., entered an appearance for appellant in No. 20,902.

Mr. Richard W. Turner, Washington, D. C., with whom Mr. Wilmer S. Schantz, Jr., Washington, D. C., was on the brief, for appellee.

Mr. Joseph H. Koonz, Jr., Washington, D. C., with whom Messrs. Lee C. Ashcraft and Martin E. Gerel, Washington, D. C., were on the brief, for Division 689 of the Amalgamated Association of Street, Electric Railway and Motor Coach Employees of America, AFL-CIO as amicus curiae.

Before PRETTYMAN, Senior Circuit Judge, and WRIGHT and LEVENTHAL, Circuit Judges.

PER CURIAM:

Appellant Deputy Commissioner of the Bureau of Employees' Compensation determined that appellant White, an employee of appellee D.C. Transit System, incurred temporary total disability arising out of and in the course of his employment. Appellee employer sought review of the compensation order made under the Longshoreman's and Harbor Workers' Compensation Act,1 on the ground that the disability was less than total, but it did...

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