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MERRIMAN v. BEN GUTMAN TRUCK SERVICE, INC.

No. 50993.

392 S.W.2d 292 (1965)

Kenneth C. MERRIMAN, Respondent, v. BEN GUTMAN TRUCK SERVICE, INCORPORATED, and Liberty Mutual Insurance Company, and Treasurer of the State of Missouri as Custodian of the Second Injury Fund, Appellants.

Supreme Court of Missouri, Division No. 1.

July 12, 1965.

Attorney(s) appearing for the Case

Quinn & Quinn, William B. Quinn, Julia M. Quinn, St. Louis, for respondent.

Edw. C. Friedewald, St. Louis, for other appellants.

Norman H. Anderson, Atty. Gen. of Missouri, Irving L. Cooper, Sp. Asst. Atty. Gen., Clayton, for appellant, Treasurer of State of Missouri, as Custodian of Second Injury Fund.

HIGGINS, Commissioner.

Appeal by employer, insurer, and custodian of Second Injury Fund from a judgment of the circuit court reversing a final award of the Industrial Commission, which award denied compensation. Appellant custodian is a state officer and we have jurisdiction. Art. V, § 3, Mo.Const., V.A.M.S.; Mossman v. St. Joseph Lead Co., Mo.App., 254 S.W.2d 241; Grant v. Neal, Mo., 381 S.W.2d 838

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