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GARDNER v. KOTHE

No. 34996.

109 N.W.2d 405 (1961)

172 Neb. 364

Marvin Eugene GARDNER, Appellant, v. Herbert KOTHE, d/b/a Kothe Construction Company, Appellee.

Supreme Court of Nebraska.

June 9, 1961.

Attorney(s) appearing for the Case

Gaines, Spittler, Neely, Otis & Moore, Omaha, for appellant.

Tesar & Tesar, James J. Fitzgerald, Omaha, for appellee.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, SPENCER, BOSLAUGH and BROWER, JJ.

BOSLAUGH, Justice.

This is a proceeding under the Nebraska Workmen's Compensation Act. The appellant, Marvin Eugene Gardner, who was the plaintiff below, alleged that he was injured on April 22, 1960, while employed by the defendant, Herbert Kothe, the appellee.

The matter was tried to a single judge of the Nebraska Workmen's Compensation Court who dismissed the action. Upon rehearing before the full compensation court, the action was again dismissed. Upon...

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