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HOMMERDING v. CLARENCE LANDWEHR HEAVY MOVING

No. 39686.

139 N.W.2d 482 (1966)

Virgil HOMMERDING, Relator, v. CLARENCE LANDWEHR HEAVY MOVING, et al., Respondents.

Supreme Court of Minnesota.

January 7, 1966.

Attorney(s) appearing for the Case

Burns, Burns, Rawlings & Burns, St. Cloud, for relator.

Robb, Robb & Van Eps, Minneapolis, for respondents.

ROGOSHESKE, Justice.

Certiorari to review a decision of the Industrial Commission denying benefits for an alleged work-connected back injury.

Relator, Virgil Hommerding, employed as an "oiler," was a part of a crew of seven men engaged in tearing down a large, metal propane-gas storage tank—removing and cutting up the metal sheeting of which it was constructed with acetylene torches. The employee testified that on March 27,

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