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HOWE v. FARMERS COOPERATIVE CREAMERY OF MADISON

No. 10148.

132 N.W.2d 844 (1965)

Alvin HOWE, Claimant and Appellant, v. FARMERS COOPERATIVE CREAMERY OF MADISON, a Corporation, Employer, and Western Surety Company, a Corporation, Insurer, Defendants and Respondents.

Supreme Court of South Dakota.

February 3, 1965.

Attorney(s) appearing for the Case

Lammers & Lammers, Madison, for claimant and appellant.

Kirby, McDonnell & Kirby, Sioux Falls, for defendants and respondents.

ROBERTS, Presiding Judge.

Appellant, Alvin Howe, was employed by defendant Farmers Cooperative Creamery of Madison. He claims that he sustained an injury to his back resulting from a fall while lifting a can of cream. A claim for workmen's compensation was denied. From judgment of the circuit court affirming decision of the Industrial Commissioner, claimant perfected an appeal to this court.

The Industrial Commissioner filed findings in which he found that...

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