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SPURGEON v. BLUE DIAMOND COAL CO.

469 S.W.2d 550 (1971)

J. M. SPURGEON, Appellant, v. BLUE DIAMOND COAL CO. et al., Appellees.

Court of Appeals of Kentucky.

July 2, 1971.

Attorney(s) appearing for the Case

Harry R. Stamper, Friend & Mullins, Pikeville, for appellant.

Maxwell P. Barrett, Hazard, Martin Glazer, Thomas R. Emerson, Dept. of Labor, Frankfort, Gemma M. Harding, Dept. of Labor, Louisville, for appellees.

DAVIS, Commissioner.

In this workmen's compensation proceeding a novel question is presented as to whether the employee's injuries arose out of and in the course of his employment, as required by KRS 342.005. The Board and the circuit court ruled that the accident did not arise out of and in the course of appellant's employment and dismissed his claim for compensation. By this appeal he seeks reversal of that adjudication.

The substantial facts are undisputed...

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