Pioneer Engineering Co. v. Cardillo

BARD, District Judge.

In considering the present motion to dismiss, the complaint, it is not the function of this Court to re-weigh the evidence which was presented to the Deputy Commissioner at the hearing held on March 12, 1946. The sole question presently before the Court is, was there substantial evidence upon which the Deputy Commissioner could base the findings which he made? Southern S. S. Co. v. Norton, 3 Cir., 1939, 101 F.2d 825; McCarthy Stevedoring Corporation v. Norton, D.C.E.D.Pa., 46 F.Supp. 26; Bernatowicz v. Nacirema Operating Co., 3 Cir., 1944, 142 F.2d 385; Oldman Boiler…