ANDREWS v. HOSS

No. 41745.

174 N.W.2d 134 (1970)

Victor ANDREWS, Relator, v. O'Dean HOSS, d. b. a. Clark's Filling Station, et al., Respondents.

Supreme Court of Minnesota.

January 23, 1970.


Attorney(s) appearing for the Case

Jack DeVaughn, Minneapolis, for relator.

Robb, Van Eps & Gilmore, Minneapolis, for respondents.

Heard before KNUTSON, C. J., and OTIS, ROGOSHESKE, SHERAN, and FRANK T. GALLAGHER, JJ.


OPINION

PER CURIAM.

Certiorari to review an order of the Workmen's Compensation Commission denying benefits to employee-relator.

The sole issue is whether the evidence sustains the commission's factual determination that the employee's injury resulting from a fellow employee's assault by gunshot did not arise out of and in the course of his employment.

The employee worked as a part-time service station attendant. While on the premises of...

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