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TADIN v. INDUSTRIAL COMM.

265 Wis. 375 (1953)

TADIN, Respondent, vs. INDUSTRIAL COMMISSION and others, Appellants.

Supreme Court of Wisconsin.

December 1, 1953.

Attorney(s) appearing for the Case

For the appellant Industrial Commission there was a brief by the Attorney General and Mortimer Levitan, assistant attorney general, and oral argument by Mr. Levitan.

For the appellants Wisconsin Barrel & Drum Company and Sun Indemnity Company there was a brief by Bender, Trump, McIntyre, Trimborn & Godfrey of Milwaukee, and oral argument by R. E. McIntyre.

For the respondent there was a brief and oral argument by N. Paley Phillips of Milwaukee.

GEHL, J.

It is contended by appellants that the circuit court was without jurisdiction to vacate the commission's award, that its power is limited by the provisions of sec. 102.24 (1), Stats.:

"(1) Upon the setting aside of any order or award the court may recommit the controversy and remand the record in the case to the commission, for further hearing or proceedings; or it may enter the proper judgment upon the findings, as the nature of the case shall demand...

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