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WELCH v. LEAVEY

No. 24082.

397 F.2d 189 (1968)

Freddie Joe WELCH and Paul L. Tugwell, Appellants, v. Gerald B. LEAVEY, Deputy Commissioner, et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 21, 1968.

Attorney(s) appearing for the Case

W. Jiles Roberts, Houston, Tex., for appellants.

James R. Gough, Asst. U. S. Atty., Houston, Tex., Alfred H. Myers, Atty., Dept. of Justice, Morton L. Susman, U. S. Atty., Jack Shepherd, Carl Walker, Asst. U. S. Attys., Houston, Tex., Charles Donahue, Solicitor of Labor, Arthur Bolstein, Attys., U. S. Dept. of Labor, for appellees Leavey and Shea.

Royston, Hayzor & Cook, E. D. Vickery, Gus A. Schill, Jr., Ben L. Reynolds, Houston, Tex., for appellees Atlantic & Gulf Stevedores, Inc., Young & Co. of Houston, and Texas Employers' Ins. Assn.

Before JONES, WISDOM and THORNBERRY, Circuit Judges.

THORNBERRY, Circuit Judge.

In these consolidated appeals, two longshoremen challenge the adequacy of the Commissioner's compensation award. 33 U.S.C. § 901 et seq. The case concerns the procedure that must be followed by the Commissioner in a partial-disability case in computing the impact of the injury on the worker's wage-earning capacity and the findings that must be made.

Appellant Tugwell was injured on July 12, 1958 when he slipped and fell while...

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