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CONTINENTAL INSURANCE COMPANY v. BYRNE

No. 71-1143.

471 F.2d 257 (1972)

The CONTINENTAL INSURANCE COMPANY, Plaintiff-Appellee, v. George A. BYRNE, Deputy Commissioner, Tenth Compensation District, Bureau of Employees' Compensation, United States Department of Labor, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Certiorari Denied May 15, 1972.

Attorney(s) appearing for the Case

James R. Thompson, U. S. Atty., Chicago, Ill., L. Patrick Gray, III, Asst. Atty. Gen., Barbara L. Herwig, Atty., Dept. of Justice, Washington, D. C., William J. Bauer, U. S. Atty., Walter H. Fleischer, Atty., Dept. of Justice, Washington, D. C., for appellee.

John W. Hough, Robert A. Creamer, Chicago, Ill., for plaintiff-appellee; Price, Cushman, Keck & Mahin, Chicago, Ill., of counsel.

Before SWYGERT, Chief Judge, HASTINGS, Senior Circuit Judge, and CUMMINGS, Circuit Judge.

Certiorari Denied May 15, 1972. See 92 S.Ct. 1767.

SWYGERT, Chief Judge.

This is an appeal from a judgment vacating an award of compensation under the Longshoremen's & Harbor Workers' Compensation Act, 33 U.S.C. § 901 et seq. The claimant, a longshoreman working aboard the vessel Kostantis Yemelos, fell to the bottom of the Number 1 hold suffering substantial injuries. The Deputy Commissioner determined from the evidence presented at the hearing on...

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