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TRANSPORT MOTOR EXPRESS, INC. v. SMITH

No. 771A136.

279 N.E.2d 262 (1972)

TRANSPORT MOTOR EXPRESS, INC., Appellant (Defendant below), v. Delores J. SMITH et al., Appellees (Plaintiffs below), and Riss & Company, Inc., Appellee (Defendant below).

Court of Appeals of Indiana, Second District.

March 1, 1972.

Attorney(s) appearing for the Case

T.C. Cunningham, John T. Rocap, Indianapolis, for defendant-appellant; Rocap, Rocap, Reese & Young, Indianapolis, of counsel.

F. Boyd Hovde, W. Scott Montross, Indianapolis, for plaintiff-appellees; Townsend, Hovde & Townsend, Indianapolis, of counsel.

David A. Steckbeck, William C. Moore, Steckbeck & Moore, Indianapolis, for defendant-appellee Riss & Co., Inc.

PER CURIAM.

This is an appeal from an award of the Full Industrial Board of Indiana made pursuant to Ind. Ann. Stat. § 40-1511 (Burns' 1971 Supp.), Ind. Acts 1929, Ch. 172, § 60, p. 536, as amended by Ind. Acts 1969, Ch. 94, § 6, p. 202, IC 1971, 22-3-4-7, which reads as follows:

"If an application for review is made to the board within twenty [20] days from the date of the award, made by less than all the members, the full board, if the first...

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