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FOX-SMYTHE TRANSPORTATION COMPANY v. McCARTNEY

No. 45759.

510 P.2d 686 (1973)

FOX-SMYTHE TRANSPORTATION COMPANY and Gulf Insurance Company, Petitioners, v. Ross D. McCARTNEY and State Industrial Court, Respondents.

Supreme Court of Oklahoma.

May 22, 1973.

Attorney(s) appearing for the Case

H. A. Bud Carter, Oklahoma City, for petitioners.

Dick Bell and Frank Seay, by Frank Seay, Seminole, for respondent, Ross D. McCartney.

LAVENDER, Justice:

The matter herein reviewed arises from an earlier proceeding between these parties involving compensable injury received by respondent, hereafter claimant, on September 2, 1969. Fox-Smythe Transportation Company v. McCartney, No. 44,412 (not reported officially) 42 OBJ 1107.

Claimant received injury during employment which aggravated pre-existing malignancy and resulted in pathological fracture...

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