KELLY, District Judge.
The facts reveal that defendant Swepston, hereinafter called employee, was employed by plaintiff Hohn, hereinafter called employer, as a steamfitter commencing November 4, 1952; that on December 8, 1952, the employee suffered an accidental injury arising out of and in the course of his employment, resulting in a fracture of the heel bone of his left foot; he was paid temporary disability compensation based on the rate of pay he was receiving...
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