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OKLAHOMA CITY v. FAIN

No. 47039.

531 P.2d 1023 (1974)

The OKLAHOMA CITY, a Municipal Corporation, Petitioner, v. Garland FAIN and the State Industrial Court, Respondents.

Supreme Court of Oklahoma.

Rehearing Denied February 25, 1975.

Attorney(s) appearing for the Case

Walter M. Powell, Municipal Counselor by R. Thomas Lay, Asst. Municipal Counselor, Oklahoma City, for petitioner.

Lampkin, Wolfe, Burger, Abel, McCaffrey & Norman, by George J. McCaffrey, Oklahoma City, for respondent, Garland Fain.

Larry Derryberry, Atty. Gen. of State of Oklahoma, Oklahoma City, for respondent, The State Industrial Court.

BARNES, Justice:

Beginning in November, 1955, Garland Fain, hereinafter referred to by name, or as "claimant", was employed approximately 18 years in Oklahoma City's Fire Department. In April, 1973, when he was approximately 46 years old, his employer, for reasons immaterial to this case, gave him the choice of resigning or being fired. On the 24th day of that month, he resigned.

Thereafter, on July 12, 1973, Fain...

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