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BLUE DIAMOND COAL COMPANY v. PANNELL

122 S.E.2d 666 (1961)

203 Va. 49

BLUE DIAMOND COAL COMPANY v. Hassie Head PANNELL, Widow, etc.

Supreme Court of Appeals of Virginia.

November 27, 1961.

Attorney(s) appearing for the Case

W. T. Bowen, Norton (Greear, Bowen, Mullins & Winston, Norton, on brief), for appellant.

Jay G. Kauffman, Pennington Gap (Guy A. Kauffman, Pennington Gap, on brief), for appellee.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, WHITTLE, SNEAD, I'ANSON, and CARRICO, JJ.

WHITTLE, Justice.

This appeal presents for review an award of the Industrial Commission against Blue Diamond Coal Company, hereinafter called Blue Diamond, wherein the Commission awarded the statutory benefits. The award carried into effect the majority opinion of the Commission—one commissioner dissenting.

The assignments of error present four questions, the first being: Was the claim filed within the statutory period? This is jurisdictional, the burden...

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