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AMERICAN MUTUAL INSURANCE CO. OF BOSTON v. JONES

No. 22054.

426 F.2d 1263 (1970)

AMERICAN MUTUAL INSURANCE COMPANY OF BOSTON and Rose Brothers Company, Appellants, v. Willie B. JONES, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided April 28, 1970.

Attorney(s) appearing for the Case

Mr. Thomas J. Ahern, Jr., Washington, D. C., for appellants.

Mr. Gerald Herz, Washington, D. C., with whom Messrs. Philip J. Lesser and I. Irwin Bolotin, Washington, D. C., were on the brief, for appellee.

Professor Ralph S. Spritzer, Philadelphia, Pa. (See FN4), by invitation of this Court, filed a brief as amicus curiae.

Messrs. Morton Hollander and Leavenworth Colby, Attys., Dept. of Justice, by invitation of this Court, filed a brief for the Department of Labor as amicus curiae.

Before BAZELON, Chief Judge, WILBUR K. MILLER, Senior Circuit Judge, and WRIGHT, Circuit Judge.

BAZELON, Chief Judge:

Appellants, an employer and his insurance carrier, seek to reverse an order of the District Court which found, notwithstanding a contrary determination by a Deputy Commissioner of the Department of Labor, that appellee was entitled to benefits for permanent total disability1 under the Longshoremen's and Harbor Workers' Act.2 Three questions are...

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