127 N.E.2d 866

In the Matter of the Claim of FRED W. KRIETE, Respondent, against TODD SHIPYARDS et al., Appellants. WORKMEN’S COMPENSATION BOARD, Respondent.

Court of Appeals of the State of New York.Argued April 28, 1955
Decided June 10, 1955

Page 1028

Appeal from the Supreme Court, Appellate Division, Third Department.

Page 1029

George J. Hayes, Bernard Katzen and Victor Fiddler for appellants.

Jacob K. Javits, Attorney-General (John J. Quinn, Henry S. Manley and Roy Wiedersum of counsel), for Workmen’s Compensation Board, respondent.

Order affirmed, with costs; no opinion.

Concur: CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL and BURKE, JJ. VAN VOORHIS, J., dissents and votes to reverse and to annul the award and to dismiss the claim upon the dissenting memorandum of HALPERN, J., in the Appellate Division.

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