MULLINS v. TANKSLEARY

No. 40080.

376 P.2d 590 (1962)

J.B. MULLINS, d/b/a A. & H. Lumber Company, Petitioner, v. Albert Eugene TANKSLEARY and State Industrial Court, Respondents.

Supreme Court of Oklahoma.

November 7, 1962.


Attorney(s) appearing for the Case

James A. Worrell, Altus, Tony Jack Lyons, Pryor, for petitioner.

Robert E. Lavender of Bassmann, Gordon, Mayberry & Lavender, Claremore, for respondents.


WELCH, Justice.

Under review in this proceeding is the trial tribunal's decision finding claimant's injury from an assault by a third person to have arisen out of his employment.

The material facts are not in serious dispute. Claimant, a laborer, 45 years of age, was engaged by the employer on September 22, 1961, to assist in unloading sheetrock from a railroad car and in delivering it to the Chouteau Lumber Company...

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