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LUPIEN v. MONTANA RECORD PUBLISHING CO.

No. 10583.

390 P.2d 455 (1964)

Garnett M. LUPIEN, Ovila J. Lupien, Fatal, Claimant and Respondent, v. MONTANA RECORD PUBLISHING COMPANY, Employer, and Insurance Company of North America, Defendant and Appellant.

Supreme Court of Montana.

Rehearing Denied April 3, 1964.

Attorney(s) appearing for the Case

Anderson, Symmes, Forbes, Peete & Brown, Billings, William Kirkpatrick and William J. Kelly, Butte, amicus curiae; Weymouth D. Symmes, Billings, and William J. Kelly, Butte, argued, for appellant.

Geoffrey L. Brazier, Helena, Geoffrey L. Brazier, Helena, argued, for respondent.

CASTLES, Justice.

This is an appeal from a judgment of the district court of the First Judicial District reversing a ruling of the Industrial Accident Board that respondent was not entitled to workmen's compensation by reason of the death of Ovila J. Lupien. The judgment held that respondent was entitled to compensation.

Ovila J. Lupien died of a heart attack on July 29, 1961. At the time of his death, he was employed by the Montana Record Publishing Company...

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