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DILLARD v. INDUSTRIAL COMM'N

No. 73-5412.

416 U.S. 783 (1974)

94 S.Ct. 2028

40 L.Ed.2d 540

DILLARD ET AL. v. INDUSTRIAL COMMISSION OF VIRGINIA ET AL.

Supreme Court of United States.

Decided May 15, 1974.

Attorney(s) appearing for the Case

John M. Levy argued the cause for appellants. With him on the briefs was George S. Newman.

Stuart H. Dunn, Assistant Attorney General of Virginia, argued the cause for appellees Industrial Commission of Virginia and individual Commissioners. With him on the brief were Andrew P. Miller, Attorney General, and William E. O'Neill, Jr. J. Robert Brame III argued the cause for appellee Aetna Casualty & Surety Co. With him on the brief were William H. King and Willard I. Walker.*

MR. JUSTICE POWELL delivered the opinion of the Court.

Appellants seek to establish that, under the Due Process Clause of the Fourteenth Amendment, Virginia may not permit the suspension of workmen's compensation benefits without a prior adversary hearing. A three-judge United States District Court, over one dissent, rejected appellants' constitutional arguments. 347 F.Supp. 71 (ED Va. 1972). We noted probable jurisdiction. 414...

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