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MATTER OF HOLMES v. J.C. PENNY CO.

9 A.D.2d 563 (1959)

In the Matter of The Estate of Floyd Holmes, Deceased, Respondent, v. J. C. Penny Company et al., Appellants, and Special Funds Conservation Committee, Respondent. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

August 13, 1959

Decedent first sustained a compensable right inguinal hernia in 1935, which was surgically corrected. In 1941 he sustained a recurrence of the right inguinal hernia and a new left inguinal hernia, both of which were repaired. At that time a carrier other than the Travelers was on the risk and it is conceded that Special Funds stands in the place and stead of that carrier for reasons not involved in this appeal. In 1950, while the Travelers was on the risk, decedent sustained...

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