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CHERRY v. EAGLE-PICHER COMPANY

No. 39586.

368 P.2d 833 (1962)

Walter Lee CHERRY, Petitioner, v. EAGLE-PICHER COMPANY, Own Risk, and State Industrial Court, Respondents.

Supreme Court of Oklahoma.

January 16, 1962.

Attorney(s) appearing for the Case

Yount, Yount & Yount, Galena, Kan., and Young, Young & Young, by Glenn. A. Young, Sapulpa, Okl., for petitioner.

A.C. Wallace, John R. Wallace, Melvin H. Landers, Ben T. Owens, Miami, for respondents.

JACKSON, Justice.

The present proceeding was instituted below under the provisions of the Occupational Disease Amendment to the Workmen's Compensation Act. 85 O.S.Supp. 1959 § 3, subdiv. (7) and (16) (m). Claimant sought statutory benefits for permanent total disability due to affliction with silicosis. The State Industrial Court denied the claim based on its finding that "* * * claimant does not have silicosis, nor is he permanently and totally disabled * *...

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