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CLAYTON v. STATE COMPENSATION DEPARTMENT

454 P.2d 628 (1969)

Phyllis F. CLAYTON, Widow of Herbert Clayton, Deceased, Appellant, v. STATE COMPENSATION DEPARTMENT of the State of Oregon, Respondent.

Supreme Court of Oregon, In Banc.

Decided May 21, 1969.

Attorney(s) appearing for the Case

John J. Haugh, Portland, argued the cause for appellant. With him on the briefs were Tyler E. Marshall and Pozzi, Levin & Wilson, Portland.

Clayton Hess, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Robert Y. Thornton, Atty. Gen., and Wallace Carpenter, Chief Counsel for State Compensation Department, Salem.

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

O'CONNELL, Justice.

This is an action to recover widow's benefits and medical and funeral expenses under the Workmen's Compensation Act.1 The claim arises out of the death of plaintiff's husband as a result of a heart attack suffered while acting within the course of his employment. The case was submitted to the jury which returned a verdict for plaintiff. Plaintiff appeals from a judgment notwithstanding the verdict.

At the time...

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