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  5. 162 Cal.App.2d 232 (1958)
 

SCHLAG v. INDUSTRIAL ACC. COM.

Docket No. 9419.

162 Cal.App.2d 232 (1958)

327 P.2d 609

JACK A. SCHLAG, Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION et al., Respondents.

Court of Appeals of California, Third District.

July 18, 1958.

Attorney(s) appearing for the Case

Harry A. Ackley and Lewis F. Shearer for Petitioner.

Everett A. Corten, Daniel C. Murphy, Melvin S. Witt, Edmund G. Brown, Attorney General, Irving H. Perluss, Assistant Attorney General, and F.G. Girard, Deputy Attorney General, for Respondents.

WARNE, J. pro tem.*

This court, on its own motion, vacated its decision and ordered a rehearing in this case because our opinion rendered May 23, 1958, was materially based upon four decisions of the District Courts of Appeal which were substantially disapproved in the opinion of the Supreme Court filed June 6, 1958, in the case of Ferguson v. Industrial Acc. Com., 50 Cal.2d 469 [

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