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GRAIN HANDLING CO. v. McMANIGAL

No. 6.

30 F.Supp. 974 (1940)

GRAIN HANDLING CO., Inc., et al. v. McMANIGAL, Deputy Com'r, U. S. Employees Compensation Commission, et al.

District Court, W. D. New York.

January 18, 1940.

Attorney(s) appearing for the Case

Brown, Ely & Richards, of Buffalo, N. Y. (David S. Jackson, of Buffalo, N. Y., of counsel), for plaintiffs.

George L. Grobe, U. S. Atty., of Buffalo, N. Y. (Joseph J. Doran, Asst. U. S. Atty., of Rochester, N. Y., and Z. Lewis Dalby, Chief Counsel, U. S. Employees' Compensation Commission, of Washington, D. C., of counsel), for defendant Kenneth G. McManigal.

Winton Henry Church, of Buffalo, N. Y., for defendant Mary Kane.

KNIGHT, District Judge.

John P. Kane was employed as a scooper in the unloading of grain boats at Buffalo, New York, from October 24, 1925, to April 24, 1934, by Grain Handling Corporation and from May 2, 1934, to June, 1936, by Grain Handling Co., Inc. The Commissioner found that he had been in good health up to 1933, at which time he was found to be suffering from tuberculosis and that from that time on the aggravation of his tubercular condition due to his employment...

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