Pillsbury

Plaintiffs seek to set aside a compensation award made by the defendant Warren H. Pillsbury, as Deputy Commissioner for the Thirteenth Compensation District of the Bureau of Employees’ Compensation, United States Department of Labor, and to enjoin further proceedings by the Deputy Commissioner. The defendants move to dismiss plaintiffs’ complaint.

Plaintiffs assert three grounds for the setting aside of the Deputy Commissioner’s order. Because it is dispositive of the cause, I give consideration to only one ground, namely, that the illness and death of the employee, to whose dependents the Deputy Commissioner ordered compensation, did not arise out of or in the course of his employment.

*728 The record before the Deputy Commissioner discloses the following undisputed facts:

One Emile Penoli, an employee of plaintiff, Japan Central Exchange, in the Ko-kura area in Japan, while so employed in the latter part of June 1950, was hospitalized for amebiasis, also known as amoebic dysentery, and died therefrom on July 14, 1950.

Penoli had been in the United States Army stationed in Korea, Guam and Japan, from 1947 continuously until shortly prior to April 25, 1950, when he became,…