YARRUT, Judge.
This is an appeal by Plaintiff from the judgment of the district court awarding workmen's compensation for the maximum $35.00 per week, not to exceed 400 weeks, but denying him statutory penalties and attorney's fees under LSA-R.S. 22:658. There is no factual dispute, as all pertinent facts have been stipulated to the following effect:
Plaintiff was injured on August 6, 1964 when he suffered a heart attack while employed as a laborer by Defendant...
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