Pillsbury

This is an appeal from a decision of the United States District Court for the Nor- them District of California, Southern Division,' granting appellee’s motion to dismiss appellant’s complaint for an injunction against the Deputy Commissioner.

The sole question involved is whether there is substantial evidence in the record considered as a whole to support the finding of the Deputy Commissioner that decedent employee’s mother was a “partial dependent” and entitled to a $13.13 per week death benefit.

Alfred Ray was accidentally killed on September 16, 1950, in the course of employment on a Korea construction crew. He had just commenced work within the previous two weeks and on September 4th had signed an allotment form in favor of his mother, Mrs. Mable Graeber, who had remarried. Between January and September 1950 he had* not worked but had lived at home. Prior to January 1950, Ray was working on Guam, and until September 1949 had been sending portions of hís income home to his mother, who had put it in her own account and had drawn out the proceeds until they were nearly exhausted in January 1950. Ray had a bank account in his own name. The mother testified that she always…