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KERBY v. STATE IND. ACC. COM.

222 Or. 545 (1960)

353 P.2d 857

KERBY v. STATE INDUSTRIAL ACCIDENT COMMISSION

Supreme Court of Oregon.

Reversed June 29, 1960.

Attorney(s) appearing for the Case

Earl M. Preston, Assistant Attorney General, Salem, argued the cause for appellant. With him on the brief were Robert Y. Thornton, Attorney General, and Ray H. Lafky, Assistant Attorney General, Salem.

William E. Duhaime, Medford, argued the cause for respondent. On the brief were Duncan, Brophy, Wilson & Duhaime, Medford.

Before ROSSMAN, J., presiding, and PERRY, O'CONNELL, GOODWIN and HOLMAN, Justices.

REVERSED.

ROSSMAN, J.

This is an appeal by the defendant, State Industrial Accident Commission, from a judgment which the circuit court entered in favor of the plaintiff, Douglas E. Kerby, after it had sustained the plaintiff's motion for the entry of judgment upon the pleadings. The complaint alleged that while the plaintiff was the workman of an employer who contributed to the State Industrial Accident Fund he sustained an injury, and on October 29, 1958...

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