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VIETH v. COOK

No. 37155.

306 P.2d 1110 (1957)

Herbert VIETH, Alvin Vieth, Elmer Vieth and Milton Vieth, a co-partnership doing business under the trade name of Vieth Brothers Machinery Company, Petitioners, v. Rena Amy COOK, Administratrix of the Estate of Kilman Cook, Deceased, and the State Industrial Commission of the State of Oklahoma, Respondents.

Supreme Court of Oklahoma.

February 5, 1957.

Attorney(s) appearing for the Case

Louis V. Woodruff, Kingfisher, J.I. Gibson, Oklahoma City, for petitioners.

O.A. Cargill, Sr., O.A. Cargill, Jr., John Chiaf, Oklahoma City, Mac Q. Williamson, Atty. Gen., for respondents.

BLACKBIRD, Justice.

Kilman Cook, as claimant, filed his first notice of injury and claim for compensation against Herbert Vieth, Alvin Vieth, Elmer Vieth and Milton Vieth, a co-partnership doing business under the trade name of Vieth Brothers Machinery Company, on July 21, 1953. On April 13, 1955, a single commissioner denied an award on the ground that the claimant was not an employee of the co-partnership. On the 9th day of November, 1955, the State Industrial Commission...

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