WARNER v. LEXINGTON ROLLER MILLS


233 S.W.2d 988 (1950)

WARNER et al. v. LEXINGTON ROLLER MILLS, Inc., et al.

Court of Appeals of Kentucky.

As Modified and Extended on Denial of Rehearing November 17, 1950.


Attorney(s) appearing for the Case

R. E. Lee Murphy, P. T. Clark, Yancey & Martin, Foster Ockerman, Lexington, for appellants.

I. Jay Miller, Lexington, for appellees.


CLAY, Commissioner.

We have before us a motion for appeal involving the liability of the employer to pay an attorney's fee allowed by the Workmen's Compensation Board. It presents a unique question which arises out of our decision in Warner et al. v. Lexington Roller Mills, Inc., 306 Ky. 142, 206 S.W.2d 471, 175 A.L.R. 722. The lower Court adjudged that appellants were not entitled to recover of appellees the attorney's fee allowed by the Board.

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