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STRONG v. INSURANCE COMPANY OF NORTH AMERICA

490 S.W.2d 162 (1973)

Robert STRONG, Appellee-Petitioner, v. INSURANCE COMPANY OF NORTH AMERICA, Appellee-Defendant, and Thomas A. Wiseman, Jr., Treasurer of the State of Tennessee, as Custodian of the Second Injury Fund, Appellant-Defendant.

Supreme Court of Tennessee.

February 5, 1973.

Attorney(s) appearing for the Case

Richard H. Winningham, Chattanooga, for appellee-petitioner.

Milligan, Hooper & Harris, Chattanooga, for appellee-defendant.

David M. Pack, Atty. Gen., State of Tennessee, C. Hayes Cooney, Asst. Atty. Gen., Nashville, for appellant-defendant.

OPINION

DYER, Chief Justice.

This is an appeal in a workmen's compensation case by the Treasurer of the State of Tennessee, as Custodian of the Second Injury Fund, T.C.A. § 50-1027, from the judgment of the chancellor awarding employee, Robert Strong, benefits based upon total and permanent disability, to be paid sixty-five per cent by the Second Injury Fund, and thirty-five per cent by the insurance carrier for the employer, Chattanooga Warehouse and...

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