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CHURCH v. N. B. C. CO.

461 S.W.2d 387 (1970)

Hubert L. CHURCH, Appellee-Complainant, v. N. B. C. CO., Inc., and B.J. Church Company, Inc., Appellants-Defendants, and Charles Worley, Treasurer of the State of Tennessee, as custodian of the Second Injury Fund, Appellee-Defendant.

Supreme Court of Tennessee.

August 3, 1970.

Attorney(s) appearing for the Case

Dick L. Johnson, Johnson City, for appellants-defendants.

John D. Goodin, Johnson City, for appellee-complainant.

David M. Pack, Atty. Gen., & Reporter and C. Hayes Cooney, Asst. Atty. Gen., Nashville, and Lewis M. May, Dist. Atty. Gen., and Judson D. Thornton, Asst. Dist. Atty. Gen., Jonesboro, for appellee-defendant Charles Worley.

DYER, Chief Justice.

This is a workmen's compensation case presenting the one issue that the trial court was in error in holding the Second Injury Fund, T.C.A. § 50-1027, could not be reached under the facts of this case.

On July 22, 1963, Hubert L. Church (employee) suffered compensable injuries and was awarded benefits for permanent partial disability based upon five per cent loss of use of the body as a whole, twenty

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