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EPLING v. RATLIFF

364 S.W.2d 327 (1963)

James E. EPLING, Jr., et al., d/b/a C. & E. Coal Company, Appellants, v. Ruth Coleman RATLIFF et al., Appellees.

Court of Appeals of Kentucky.

January 25, 1963.

Attorney(s) appearing for the Case

Baird & Hays, Pikeville, for appellants.

Dan Jack Combs, Ronald W. May, Pikeville, for appellees.

STANLEY, Commissioner.

Lawson Ratliff, an employee of James E. Epling, Jr., et al. d/b/a C. & E. Coal Company, was fatally injured in an accident in December, 1960. After a hearing on an application for the benefits of the Workmen's Compensation statute, a referee filed with the board an opinion and finding that the employee did not lose his life in an accident arising out of or in the course of his employment. KRS 342.005(1). The report concluded, "Subject to...

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