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MEANS v. INDUSTRIAL COMMISSION

No. 1 CA-IC 781.

19 Ariz. App. 484 (1973)

508 P.2d 371

Ruth MEANS, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Phelps Dodge Corporation, Respondent Employer, State Compensation Fund, Respondent Carrier.

Court of Appeals of Arizona, Division 1, Department A.

Review Granted June 26, 1973.

Rehearing Denied May 16, 1973.

Attorney(s) appearing for the Case

Whitehill, Berger & Karp, P.C., by David D. West, Tucson, for petitioner.

William C. Wahl, Jr., Chief Counsel, The Industrial Commission of Arizona, Phoenix, for respondent.

Evans, Kitchel & Jenckes, P.C., by Stephen W. Pogson and Richard L. Levin, Phoenix, for respondent employer.

Robert K. Park, Chief Counsel State Compensation Fund, Phoenix, for respondent carrier.

STEVENS, Judge.

The petitioner, Ruth Means, requests that this Court set aside an award of The Industrial Commission of Arizona, which award denied the reinstatement of her widow's compensation after her second marriage had been annulled by a decree of the Superior Court.

Prior to and during the month of April 1965 the petitioner and Lyle Lloyd Means were husband and wife. During the existence of the marital relationship, Mr.

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