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TURNER v. STATE COMPENSATION COMMISSIONER

No. 12132.

126 S.E.2d 379 (1962)

James W. TURNER v. STATE COMPENSATION COMMISSIONER and New River & Pocahontas Consolidated Coal Co.

Supreme Court of Appeals of West Virginia.

Submitted on Rehearing May 29, 1962.

Decided on Rehearing June 26, 1962.

Attorney(s) appearing for the Case

Mahan, Higgins, Thrift & Graney, Patrick C. Graney, Jr., Fayetteville, for appellant.

R. L. Theibert, Charleston, for appellees.

BROWNING, Judge.

On January 30, 1962, this Court handed down the foregoing opinion in this case, reported in 123 S.E.2d at page 880, reversing the order of the Workmen's Compensation Appeal Board of July 10, 1961, and the order of the State Compensation Commissioner of March 14, 1961, awarding the claimant compensation benefits for silicosis in the first stage. That decision was unanimous, although Judge Given, since deceased...

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