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VIETH v. COOK

No. 37878.

331 P.2d 476 (1958)

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.

October 14, 1958.

Attorney(s) appearing for the Case

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

Cargill, Cargill & Chiaf, Oklahoma City, Mac Q. Williamson, Atty. Gen., for respondents.

WILLIAMS, Justice.

On July 21, 1943, Kilman Cook, hereinafter called claimant, filed his first notice of injury and claim for compensation stating that while employed by Vieth Brothers Machinery Company he sustained an accidental injury arising out of and in the course of his employment when he injured his back. On the 21st day of June 1957, the State Industrial Commission entered an award in part as follows:

"That...

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