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VAN STEENE v. MARSHALL

30 F.Supp. 871 (1939)

VAN STEENE v. MARSHALL, Deputy Com'r of Compensation Dist. et al.

District Court, D. Oregon.

September 20, 1939.

Attorney(s) appearing for the Case

Wm. P. Lord and T. Walter Gillard, both of Portland, Or., for complainant.

Carl C. Donaugh, U. S. Atty., and M. B. Strayer, Asst. U. S. Atty., both of Portland, Or., for defendant William A. Marshall.

Harry L. Raffety and David C. Pickett, both of Portland, Or., for defendant Fireman's Fund Insurance Company.

McCOLLOCH, District Judge.

Counsel for plaintiff pose the question whether a Deputy Commissioner under the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C.A. § 901 et seq., may consider medical expert testimony of the type held inadmissible in this Circuit before a court and jury. In the present case, in accordance with what I understand to be the general custom, the Deputy Commissioner asked the medical witnesses for their opinion as to the percentage...

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