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PENN DEL SALVAGE, INC. v. WILLS

282 A.2d 613 (1971)

PENN DEL SALVAGE, INC., Employer Below, Appellant, v. Vera Lou WILLS for Lloyd Mason Wills, Claimant Below, Appellee.

Supreme Court of Delaware.

September 28, 1971.

Attorney(s) appearing for the Case

Alfred M. Isaacs of Flanzer & Isaacs, Wilmington, for appellant.

Victor F. Battaglia of Biggs & Battaglia, Wilmington, for appellee.

WOLCOTT, C. J., and CAREY and HERRMANN, JJ., sitting.

PER CURIAM:

This is an appeal from a judgment of the Superior Court reversing an order of the Industrial Accident Board which refused to award compensation for the death of an individual.

The case involves construction of 19 Del.C. § 2353(b) which reads in part as follows:

"(b) If any employee be injured as a result of his intoxication, * * * he shall not be entitled to recover * * * compensation * * *."

The construction of this provision...

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