W. R. Grace & Co. v. Marshall

(after stating the facts as above).

The compensation order, as appears from the foregoing, is attacked by the bill of complaint on two grounds:

First, that the inhalation of ore dust was not the cause of claimant’s disabled condition.

Second, that at the time of the third hearing his condition had improved since the previous hearing, that is, he had recovered.

Although it has been held in the Fifth circuit that the District Court should try such cases de novo (Crowell v. Benson, 45 F.(2d) 66) such is not the rule in this circuit. Northwestern Stevedoring Co. v. Marshall, 41 F.(2d) 28. See, also,…