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JUSTICE v. CONSOLIDATION COAL COMPANY

No. 19555.

421 F.2d 166 (1970)

John Franklin JUSTICE, Plaintiff-Appellee, v. CONSOLIDATION COAL COMPANY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

February 5, 1970.

Attorney(s) appearing for the Case

W. Keith McCord, Knoxville, Tenn., for defendant-appellant; Egerton, McAfee, Armistead & Davis, Knoxville, Tenn., of counsel.

Joseph B. Yancey, Knoxville, Tenn., for plaintiff-appellee; Joseph B. Yancey and Dennis L. Babb, Knoxville, Tenn., on the brief.

Before PHILLIPS, Chief Judge, CELEBREZZE, Circuit Judge, and O'SULLIVAN, Senior Circuit Judge.

PER CURIAM.

This action was brought by John Franklin Justice, an injured coal miner, under the Tennessee Workmen's Compensation Law, TCA Sec. 50-901 et seq. Jurisdiction is based upon diversity of citizenship.

Justice injured his back on July 9, 1967, while lifting a door that weighed about 350 pounds, resulting in a herniated disc. It is undisputed that this injury arose out of and in the course of his employment. Justice had worked in mines since childhood...

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