Opinion

Foster v. Massey

  • 407 F.2d 343
  • 132 U.S. App. D.C. 213
Court
Court of Appeals for the D.C. Circuit
Filed
May 29, 1968
Status
Published
Author
Wright
On the bench
Ial, Leventi, Prettyman, Wright
Cited by
10 cases
Authority
More cited than 18.4%

The opinion

J. SHELLY WRIGHT, Circuit Judge

(dissenting):

Assuming that the continued vitality of the so-called “going and coming” rule is as certain as the court’s opinion suggests, I would still hold that the facts of this case, as stated by the court, take us outside the rule. I am influenced, of-course, by this court's repeated affirmation of the presumption of compensability in questionable cases and the liberal application required by the underlying philosophy of the Act. See Wheatley v. Adler, 132 U.S.App.D.C. -, 407.F.2d 307 (decided May 17, 1968) (en banc). Compare United States v. Charles, 130 U.S.App.D.C. 151 , 397 F.2d 712 (1968) (per curiam).

I respectfully dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.