Pillsbury

This is an appeal from a judgment of the district .court in which an award of appellant Pillsbury, Deputy Compensation Commissioner under the Longshoremen’s and Harbor Workers’ Compensation Act ( 44 Stat. 1424 , U.S.C.A. Title 33, Chapter 18, § 901 et seq.) enlarged by the Defense Bases Act of August 16, 1941 ( 55 Stat. 622 , 42 U.S.C.A. §§ 1651-1654 ), hereinafter called the Act, was vacated and set aside. The judgment of the district court also perpetually enjoined Charles F. Keil, the recipient of the award, from taking any further proceedings in the cause.

The award of the appellant Commissioner found that Keil had had his leg fractured during the period of his employment by Contractors Pacific Naval Air Bases, hereinafter called the Employer, to work on a defense base in the Hawaiian Islands, and that the “injury occurred in the course of and arose out of his employment.” The district court, so far as here pertinent, held that: “There was not before said Deputy Commissioner any evidence proving or tending to prove that the said accidental injuries to respondent Charles F. Keil, J-r. were suffered (1) while said respondent was in the course of his employment, or (2) that said…

(concurring

in the result).

I concur in the result, but do not concur in all that my associates (Judges Garrecht and Denman) say in their opinion. My associates say:

Keil never claimed to have suffered an “injury while attending an evening’s performance in, a moving picture theatre in an Hawaiian town of his defense plant by the collapse of the building,” or to have taken “a dose of bicarbonate of soda after his dinner,” or to have swallowed strychnine, accidentally or otherwise. There is nothing m the record about theatres, collapsed buildings, bicarbonate of soda or strychnine. I see no reason for discussing such matters.