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THURBER v. INDUSTRIAL COM.

No. 44351.

49 Ill.2d 561 (1971)

276 N.E.2d 316

ROBERT THURBER, Appellant v. THE INDUSTRIAL COMMISSION et al. — (Taft Construction Co., Appellee.)

Supreme Court of Illinois.

Opinion filed November 24, 1971.

Attorney(s) appearing for the Case

J. MICHAEL MADDA, of Chicago, (JOHN E. FLAVIN, of counsel,) for appellant.

FRANK J. WIEDNER, of Chicago, (WILLIAM J. HARTE and ANTHONY BOSCO, of counsel,) for appellee.

Judgment affirmed.

MR. CHIEF JUSTICE UNDERWOOD delivered the opinion of the court:

This is a workmen's compensation case in which the appellant, Robert Thurber, was initially awarded compensation by an arbitrator for injuries he sustained when assaulted by a fellow employee. On review, the Industrial Commission set aside the award upon its finding that appellant had failed to prove that his injuries arose out of and in the course of his employment. The Industrial...

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