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GENERAL MOTORS CORPORATION v. HOLLER

No. 13568.

165 F.2d 271 (1948)

GENERAL MOTORS CORPORATION v. HOLLER.

Circuit Court of Appeals, Eighth Circuit.

January 9, 1948.

Attorney(s) appearing for the Case

Aubrey B. Hamilton, of St. Louis, Mo. (Boyle, Priest & Elliott, of St. Louis, Mo., on the brief), for appellant.

William Kohn, of St. Louis, Mo. (Ford W. Thompson, of St. Louis, Mo., on the brief), for appellee.

Before SANBORN, WOODROUGH, and COLLET, Circuit Judges.

COLLET, Circuit Judge.

The question for determination is whether a common law action to recover damages arising from alleged occupational disease is barred by the Missouri Workmen's Compensation Act, Mo.R.S.A. § 3689 et seq.

Prior to the trial of the cause on the merits, the Court overruled the defense that a prior proceeding before the Missouri Workmen's Compensation Commission was a bar to plaintiff's recovery...

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