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SMITH v. JEWELL RIDGE COAL CORPORATION

125 S.E.2d 175 (1962)

203 Va. 499

Lincous SMITH v. JEWELL RIDGE COAL CORPORATION.

Supreme Court of Appeals of Virginia.

April 23, 1962.

Attorney(s) appearing for the Case

George C. Sutherland, S. H. Sutherland, Tivis D. Owens, for appellant.

Carl C. Gillespie, Jr., Gillespie & Gillespie, for appellee.

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

PER CURIAM.

The appellee, Jewell Ridge Coal Corporation, has filed a motion to dismiss the appeal granted on November 27, 1961, to the appellant, Lincous Smith, from the Industrial Commission, on the ground that the required appeal bond had not been given within the time required by § 8-489 of the Code.

Section 8-489 of the Code provides that an appeal from an award of the Industrial Commission shall be dismissed if sixty days from the date of the award...

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