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FENTON v. STATE IND. ACC. COM.

199 Or. 668 (1953)

264 P.2d 1037

FENTON ET AL. v. STATE INDUSTRIAL ACCIDENT COMMISSION

Supreme Court of Oregon.

Affirmed December 9, 1953.

Attorney(s) appearing for the Case

Carl M. Felker, of Roseburg, argued the cause and filed briefs for appellants.

Ray H. Lafky, Assistant Attorney General, of Salem, argued the cause for respondent. With him on the brief were Robert Y. Thornton, Attorney General, Roy K. Terry and Vernon D. Gleaves, of Salem, and T. Walter Gillard, of Portland, Assistant Attorneys General.

Before LATOURETTE, Chief Justice, and WARNER, TOOZE and PERRY, Justices.

AFFIRMED.

WARNER, J.

This is an action by the widow and four children of Elmer J. Fenton, deceased, against the State Industrial Accident Commission of the state of Oregon to recover death benefits under the Oregon Workmen's Compensation Law. From an order of involuntary nonsuit, the plaintiffs appeal.

The ruling of the court turned upon a holding that the following instrument evidenced the existence of a joint...

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