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BETH-ELKHORN CORPORATION v. TERRY

452 S.W.2d 417 (1970)

BETH-ELKHORN CORPORATION and Special Fund, Appellants, v. Albert TERRY et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied March 27, 1970.

Attorney(s) appearing for the Case

Harry C. Campbell, Pikeville, Thomas R. Emerson, Dept. of Labor, Frankfort, for appellants.

Richard D. Cooper, Reeves, Barret, Cooper & Ward, Hazard, for appellees.

WADDILL, Commissioner.

In separate appeals, now consolidated and disposed of by this opinion, Beth-Elkhorn Corporation and Special Fund assail the judgment of the circuit court which affirmed an award to Albert Terry by the Workmen's Compensation Board. By its award the Board determined that Terry became totally and permanently disabled "on or about November 17, 1967, as the result of the occupational disease of silicosis and/or pneumoconiosis arising out of and in...

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