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CODAY v. WILLAMETTE TUG & BARGE COMPANY

440 P.2d 224 (1968)

In the matter of the Compensation of Jerry F. CODAY, Claimant, Jerry F. Coday, Respondent, v. WILLAMETTE TUG & BARGE COMPANY, Appellant.

Supreme Court of Oregon, In Banc.

Decided May 1, 1968.

Attorney(s) appearing for the Case

Kenneth E. Roberts, Portland, argued the cause for appellant. With him on the briefs were Mautz, Souther, Spaulding, Kinsey & Williamson and Ridgeway K. Foley, Jr., Portland.

Burton H. Bennett, Portland, argued the cause for respondent. With him on the brief were Franklin, Olsen, Bennett, DesBrisay & Jolles, Portland.

Robert Y. Thornton, Atty. Gen., Salem, Wallace Carpenter, Chief Counsel for State Compensation Department, and Donald J. Howe, Asst. Atty. Gen., Salem, filed a brief amicus curiae for State Compensation Department.

James H. Clarke, Lewis K. Scott, and John C. Wright, Jr., Portland, filed a brief amici curiae.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.

O'CONNELL, Justice.

This is an appeal from a judgment of the circuit court for Multnomah county reversing an order of the Workmen's Compensation Board which had denied plaintiff compensation for an injury alleged to have arisen out of and in the course of his employment.

Plaintiff suffered a heart attack while on the job as foreman of a crew operating a pile driver owned by defendant employer. Plaintiff contends that his injury was compensable under the provisions...

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