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  5. 25 N.Y.2d 945 (1969)
 

MATTER OF TALLY v. J. J. NEWBERRY CO.

25 N.Y.2d 945 (1969)

In the Matter of the Claim of Margaret Tally, Appellant, v. J. J. Newberry Co. et al., Respondents. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided October 9, 1969.

Attorney(s) appearing for the Case

Stanley Sher for appellant.

Daniel Powell and Arthur B. Erenstoft for J. J. Newberry Co. and another, respondents.

No appearance for Workmen's Compensation Board, respondent.

Concur: Chief Judge FULD and Judges SCILEPPI, BREITEL and JASEN. Judges BURKE and BERGAN dissent and vote to reverse and reinstate the decision of the Workmen's Compensation Board on the dissenting opinion at the Appellate Division. Taking no part: Judge GIBSON.

Order affirmed, without costs, on the opinion at the Appellate Division...

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