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NORTON v. WARNER CO.

No. 362.

321 U.S. 565 (1944)

64 S.Ct. 747

88 L.Ed. 931

NORTON, DEPUTY COMMISSIONER FOR THE THIRD COMPENSATION DISTRICT, v. WARNER COMPANY.

Supreme Court of United States.

Decided March 27, 1944.

Attorney(s) appearing for the Case

Assistant Attorney General Shea, with whom Solicitor General Fahy and Mr. Melvin Richter were on the brief, for petitioner.

Mr. Samuel B. Fortenbaugh, Jr., with whom Mr. Everett H. Brown, Jr., was on the brief, for respondent.

By special leave of Court, Mr. Abraham E. Freedman, with whom Messrs. William L. Standard and E. Burke Finnerty were on the brief, for the National Marine Engineers Beneficial Association et al., as amici curiae, urging affirmance.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

The question in this case is whether Nicholas Rusin, a bargeman employed by respondent, is entitled to compensation under the Longshoremen's and Harbor Workers' Compensation Act (44 Stat. 1424, 33 U.S.C. § 901) for injuries received when a capstan bar, which he was using to shift the barge at a pier, pulled out and struck him upon the chest and caused him to fall. The answer turns on whether Rusin was a...

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