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McDONALD v. ST. PAUL FIRE & MARINE INSURANCE CO.

No. 41200.

167 N.W.2d 723 (1969)

John D. McDONALD, Respondent, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY, Relator.

Supreme Court of Minnesota.

April 25, 1969.

Attorney(s) appearing for the Case

Meagher, Geer, Markham & Anderson, and Mary Jeanne Coyne and O. C. Adamson, II, Minneapolis, for relator.

George A. Kurtz, and Daniel B. Gallagher, St. Paul, for respondent.

UPON REARGUMENT

PER CURIAM.

Commissioner Laurence F. Koll was not a member of the Workmen's Compensation Commission at the time the commission heard this matter on the appeal from the referee's determination awarding compensation to the employee. The other members of the commission being equally divided, due to the vacancy on the commission, the referee's determination was affirmed.1 Since the commission did no actual factfinding...

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