TOMLINSON, Justice.
During Adams' years of employment by American Zinc Company, he developed silicosis, an occupational disease. § 50-1101, T.C.A. His affliction arose out of, and because of, the performance of his duties as such employee. Within some 6 weeks after resigning, he instituted this suit or the compensation provided by the statute. The Circuit Judge sustained the employer's plea that the suit was barred
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