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BIRNIE v. UNITED STATES GYPSUM COMPANY

No. 9818.

328 P.2d 133 (1958)

John BIRNIE, Plaintiff and Respondent, v. UNITED STATES GYPSUM COMPANY, Defendant and Appellant.

Supreme Court of Montana.

July 16, 1958.

Attorney(s) appearing for the Case

Raymond E. Dockery, Jr., Lewistown, for appellant.

Howard C. Gee, Lewistown, for respondent.

BOTTOMLY, Justice.

This is an action under the Workmen's Compensation Act, R.C.M. 1947, § 92-101 et seq.

There is no question but that the plaintiff, John Birnie, was injured in an accident arising out of and in the course of his employment by the United States Gypsum Company, in its plant at Heath, Montana, on December 30, 1954.

At the time of the accident Birnie was of the age of 70 years, married, his wife being his only dependent.

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