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MAYO v. SAFEWAY STORES, INC.

Nos. 10307, 10308.

457 P.2d 400 (1969)

93 Idaho 161

Jean Marie MAYO, Claimant-Respondent, v. SAFEWAY STORES, INC., and State Insurance Fund, Defendants-Appellants. Jean Marie MAYO, Claimant-Appellant, v. SAFEWAY STORES, INC., and State Insurance Fund, Defendants-Respondents.

Supreme Court of Idaho.

Rehearing Denied August 18, 1969.

Attorney(s) appearing for the Case

Coughlan, Imhoff, Christensen & Lynch, Boise, for employer and surety.

Thomas A. Mitchell, Coeur d'Alene, for claimant-respondent.

McFADDEN, Chief Justice.

By order of the court these two appeals were submitted on the same transcript, and were argued before the court at the same time.

No. 10307

Issues presented by the appeal of the employer, Safeway Stores, Inc., and its surety, State Insurance Fund, will first be discussed.

Mr. Robert C. Mayo, an employee and manager of the Safeway store in Bonners Ferry, Idaho, on October 11, 1967 at about

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