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  5. 128 N.W.2d 596 (1964)
 

RUNYONS v. OTTO G. MAVIS & SONS, INC.

No. 35719.

128 N.W.2d 596 (1964)

177 Neb. 179

Oscar RUNYONS, Appellant, v. OTTO G. MAVIS & SONS, INC., a Nebraska Corporation, Appellee.

Supreme Court of Nebraska.

May 22, 1964.

Attorney(s) appearing for the Case

Charles I. Scudder, Marks, Clare, Hopkins & Rauth, Omaha, for appellant.

H. E. Story, Robert C. Oberbillig, Omaha, for appellee.

Heard before WHITE, C. J., and CARTER, MESSMORE, YEAGER, SPENCER, BOSLAUGH, and BROWER, JJ.

MESSMORE, Justice.

This is a workmen's compensation case. The appellant, Oscar Runyons, hereinafter called the plaintiff, was in the employ of Otto G. Mavis & Sons, Inc., a Nebraska corporation, appellee, hereinafter called the defendant. The action was first tried before one of the judges of the Nebraska Workmen's Compensation Court. After dismissal, it was heard on rehearing before the Nebraska Workmen's Compensation Court en banc, and again was dismissed. On...

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