DARR, Chief Judge.
The suit was instituted to recover under the Tennessee Workmen's Compensation Law, T.C.A. § 50-901 et seq., and jurisdiction is in this court by reason of diversity.
After a consideration of the facts and a review of the Tennessee statutes and decisions applicable to the issues, the Court concludes:
(1) The plaintiff received an accidental injury on or about October 23, 1953, arising out of and in the employment by defendant...
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