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DAVIS v. ALEXANDER

372 S.W.2d 769 (1963)

Murriel F. DAVIS, Plaintiff in Error, v. James ALEXANDER, Treasurer of the State of Tennessee, as custodian of the Second Injury Fund, Defendant in Error.

Supreme Court of Tennessee.

November 6, 1963.

Attorney(s) appearing for the Case

James C. Lee, Chattanooga, for plaintiff in error.

George F. McCanless, Atty. Gen., Marne S. Matherne, Asst. Atty. Gen., Nashville, for defendant in error.

WHITE, Justice.

The question in this case is whether an employee may recover from the Second Injury Fund of the Workmen's Compensation Act (T.C.A. § 50-1027), under the circumstances appearing herein.

The plaintiff in error, petitioner below, alleges in his petition for workmen's compensation benefits that on December 28, 1961, while in the employ of the defendant, Dance Freight Lines, Inc., he suffered an accidental injury which grew out of and in the...

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