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In the Matter of the Claim of CARMELLA DEVITO, Respondent, v. ANTHONY IMBRIANO et al., Appellants. WORKMEN'S COMPENSATION BOARD, Respondent.

Order affirmed, with costs to the Workmen's Compensation Board, in the following memorandum: The record supports the board's determination that the accident arose out of and in the course of the employment. We do not, however, find record support, as the Appellate Division held, that the "decedent was within the class of `outside workers' entitled to the protection of the statute from portal to portal."

Concur: Chief Judge FULD and Judges BURKE, BREITEL, JASEN, GABRIELLI, JONES and WACHTLER.

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MATTER OF DEVITO v. IMBRIANO
(Nov 14, 1973)