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SMITH v. GRAVER TANK & MANUFACTURING CO.

No. 2-673A149A.

302 N.E.2d 852 (1973)

E. Gerald SMITH, Plaintiff-Appellant, v. GRAVER TANK & MANUFACTURING CO., a Division of Envirogenics, Defendant-Appellee.

Court of Appeals of Indiana, Third District.

Rehearing Denied December 12, 1973.

Attorney(s) appearing for the Case

Samuel J. Furlin, Samuel J. Bernardi, Jr., Spangler, Jennings, Spangler & Dougherty, Gary, for plaintiff-appellant.

Angelo A. Buoscio, Strom & Whitted, Merrillville, for defendant-appellee.

HOFFMAN, Chief Judge.

E. Gerald Smith (Smith) requests judicial review of a decision of the Full Industrial Board of Indiana (Board) which awarded compensation for an injury arising out of and in the course of his employment with Graver Tank & Manufacturing Company (Graver Tank).

The pertinent findings of the Board are as follows:

"It is further found that on the 28th day of May, 1971, plaintiff while in the employ of the defendant at an average...

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