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SULLIVAN MINING CO. v. ASCHENBACH

No. 5766.

33 F.2d 1 (1929)

SULLIVAN MINING CO. v. ASCHENBACH.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied July 15, 1929.

Attorney(s) appearing for the Case

James E. Gyde, of Wallace, Idaho, and Post & Russell, of Spokane, Wash., for appellant.

David Herman and Williams & Cornelius, all of Spokane, Wash., for appellee.

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.

DIETRICH, Circuit Judge.

The sole question for decision is of the meaning of the term "accident" as it is used in the Workmen's Compensation Law of Idaho (Idaho Compiled Statutes 1919, § 6213 et seq.). If under any reasonable view of the evidence the injury for which plaintiff below (appellee here) sued and recovered was not "accidental" within such statutory meaning, appellant concedes the judgment should be affirmed; otherwise it should be reversed and the...

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