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TUNSTALL v. BLUE DIAMOND COAL CO.

359 S.W.2d 614 (1962)

F. L. TUNSTALL, Appellant, v. BLUE DIAMOND COAL COMPANY et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied September 21, 1962.

Attorney(s) appearing for the Case

H. B. Noble, C. A. Noble, Jr., Hazard, for appellant.

Maxwell P. Barret, Reeves, Barret & Cooper, Hazard, for appellees.

MONTGOMERY, Judge.

The sole issue on the appeal is whether there was substantive evidence to support the holding of the Workmen's Compensation Board that F. L. Tunstall had failed to give due and timely notice to Blue Diamond Coal Company of his alleged occupational disease. The circuit court judgment affirmed a denial of benefits by the Board and its referee.

Appellant had worked for Blue Diamond about fifteen years. His employment was terminated on March...

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