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ROBERTS v. MERRILL

No. 39650.

386 P.2d 780 (1963)

Mrs. Opal Lucille ROBERTS, for herself, and on behalf of John Harland Roberts, a minor, as mother and next of kin, Petitioner, v. W. O. MERRILL and Ella Cowling d/b/a Riteway Laundry and Dry Cleaners, a co-partnership, and American Surety Company, a corporation, Insurance Carrier, and the State Industrial Court, Respondents.

Supreme Court of Oklahoma.

November 5, 1963.

Attorney(s) appearing for the Case

Brown, Brown & Brown, by Lonnie Brown, McAlester, for petitioner.

Pierce, Mock, Duncan, Couch & Hendrickson, by Henry F. Featherly, Oklahoma City, Charles R. Nesbitt, Atty. Gen., for respondents.

DAVISON, Justice.

The order under review denies an award of death benefits to claimant who is the widow of a deceased workman. The trial tribunal's determination rests on its finding which recites in pertinent part:

"* * * claimant's claim for death benefits provided under the Workmen's Compensation Law should be denied by reason of the fact that such claim is barred by the Statute of Limitations and provisions set...

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