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TUOHY v. INDUSTRIAL COMM.

5 Wis.2d 576 (1958)

TUOHY, Appellant, v. INDUSTRIAL COMMISSION and others, Respondents.

Supreme Court of Wisconsin.

December 2, 1958.

Attorney(s) appearing for the Case

For the appellant there was a brief by Schubring, Ryan, Petersen & Sutherland of Madison, and Eckert & Caldwell of Woodstock, Illinois, and oral argument by Eugene O. Gehl of Madison.

For the respondent Industrial Commission there was a brief by the Attorney General and Mortimer Levitan, assistant attorney general, and oral argument by Mr. Levitan.

For the respondents Daggett and the American Automobile Insurance Company there was a brief by Bendinger, Hayes & Kluwin and G. J. Harrington, all of Milwaukee, and oral argument by John A. Kluwin.

MARTIN, C. J.

In September, 1954, appellant went into a hospital complaining of difficulty in eating and epigastric distress. Diagnosis of hypertrophic gastritis was made; he had an abnormal electrocardiogram. After two months' vacation in Arizona he returned to work and, he testified, had no more trouble with his health. In December, 1954, he started working for John Daggett as a laborer in the construction of houses.

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