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FOSTER v. MASSEY

No. 21480.

407 F.2d 343 (1968)

Esther R. FOSTER, Individually and as Parent, Guardian and Next Friend of Jack N. Foster, Jr., Jerry Alan Foster and Joanne Lee Foster, Minors, Appellants, v. William L. MASSEY, Deputy Commissioner, and Safeway Trails, Inc., and Aetna Casualty & Surety Co., Appellees.

United States Court of Appeals District of Columbia Circuit.

Judgment filed May 29, 1968.

Clarified Opinion filed September 24, 1968.

Rehearing Denied October 14, 1968.

Attorney(s) appearing for the Case

Mr. William J. Fitzgerald, Washington, D.C., with whom Mr. Dennis Collins, Washington, D.C., was on the brief, for appellants.

Mr. George M. Lilly, Attorney, United States Department of Labor, of the bar of the Supreme Court of North Carolina, pro hac vice, by special leave of court, with whom Mr. David G. Bress, U. S. Atty., Mr. Frank Q. Nebecker, Asst. U. S. Atty., Mr. Charles Donahue, Solicitor of Labor, and Mr. Alfred H. Myers, Attorney, United States Department of Labor, were on the brief, for appellee Massey.

Mr. M. S. Mazzuchi, Washington, D. C., for appellees Safeway Trails, Inc., and Aetna Casualty & Surety Co.

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

Rehearing En Banc Denied October 14, 1968.

ORDER

Appellants' petition for rehearing is treated as a motion for clarification and, as so treated, is granted. The opinion previously issued is withdrawn, and the following clarified opinion is herewith filed.

PRETTYMAN, Senior Circuit Judge:

This is a workmen's compensation case. It arises out of an accident in which appellant Foster's husband, on his way to work in his automobile, was injured...

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