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VARNEY v. O'HEARNE

No. 3754.

141 F.Supp. 421 (1956)

Luther W. VARNEY v. Stephen O'HEARNE, Deputy Commissioner, 4th Compensation District, Oriole Ship Ceiling Co. and New Amsterdam Casualty Co.

United States District Court D. Maryland, Admiralty Division.

June 1, 1956.

Attorney(s) appearing for the Case

Maurice J. Pressman, Baltimore, Md., for appellant.

William F. Mosner, Asst. U. S. Atty., Baltimore, Md. (George Cochran Doub, U. S. Atty., Baltimore, Md., and Stuart Rothman, Sol. of Labor, Ward E. Boote, Asst. Sol., Herbert P. Miller and James Edward Hughes, Attys., U. S. Department of Labor, Washington, D. C., on the brief), for O'Hearne.

Charles J. Stinchcomb and Kieffner, Stinchcomb & Royster, Baltimore, Md., for Oriole Ship Ceiling Co. and New Amsterdam Cas. Co.

THOMSEN, Chief Judge.

The question before the court in this proceeding is whether there is substantial evidence on the record, considered as a whole, to support the finding of the Deputy Commissioner that on January 28, 1955, claimant had recovered from the effects of an injury he received on February 1, 1954, so that he was no longer incapacitated because of said injury from earning the wages he was receiving at the time of the injury in the same or any other employment...

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