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MATTER OF NICHOLS v. BUFFALO WEAVING & BELTING CO.

276 A.D. 228 (1949)

In the Matter of the Claim of Emma Nichols, as Widow of Edward W. Nichols, Deceased, Respondent, v. Buffalo Weaving & Belting Co. et al., Appellants Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 29, 1949.

Attorney(s) appearing for the Case

Frank C. Roberts and Merrill G. Windelberg for appellants.

John J. Sturges for claimant-respondent.

Nathaniel L. Goldstein, Attorney-General (Roy Wiedersum and Theodore M. Schwartz of counsel), for Workmen's Compensation Board, respondent.

HEFFERNAN, BREWSTER, SANTRY and BERGAN, JJ., concur.

FOSTER, P. J.

Appeal by employer and insurance carrier from an award of death benefits to claimant-respondent as the widow of a deceased employee, Edward W. Nichols.

The sole issue is whether claimant-respondent is the legal widow of the decedent.

On March 24, 1920, she married Robert Engelhardt at Buffalo, New York. On June 25, 1929, he secured a decree of divorce against her in the State of New...

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