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ALLEN v. PHINNEY OIL CO.

17967

241 S.C. 173 (1962)

127 S.E.2d 448

Mrs. Shirley B. ALLEN, Randall Keith Allen and Gary Eugene Allen Jr., Respondents, v. PHINNEY OIL COMPANY and Greenville Transport, Inc. and Employers Mutual Liability Insurance Company, of Whom Greenville Transport, Inc. and Employers Mutual Liability Insurance Company are Appellants.

Supreme Court of South Carolina.

October 1, 1962.

Attorney(s) appearing for the Case

Messrs. O.L. Long, of Laurens, and Leatherwood, Walker, Todd & Mann, of Greenville, for Appellants.

Messrs. J. Perrin Anderson and Marvin R. Watson, of Greenwood, for Respondents.

Messrs. O.L. Long, of Laurens, and Leatherwood, Walker, Todd & Mann, of Greenville, for Appellants, in Reply.

October 1, 1962.

TAYLOR, Chief Justice.

This is a Workmen's Compensation case.

Claimants are the widow and two minor children of Gary Eugene Allen deceased. The Hearing Commissioner found that the Industrial Commission lacked jurisdiction of the parties in that Allen when hired was not covered under the Workmen's Compensation Act and that this relationship of noncoverage under the act between the employer and employee continued until Allen's death...

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