MARION v. AMERICAN SMELTING AND REFINING CO.

No. 39389.

222 N.W.2d 366 (1974)

192 Neb. 457

Euell MARION, Appellant, v. AMERICAN SMELTING AND REFINING COMPANY, Appellee.

Supreme Court of Nebraska.

October 17, 1974.


Attorney(s) appearing for the Case

Larry E. Welch, McGroarty, Welch, Langdon & McGill, Omaha, for appellant.

Joseph K. Meusey, Fraser, Stryker, Veach, Vaughn & Meusey, P.C., Omaha, for appellee.

Heard before SPENCER, BOSLAUGH, McCOWN, NEWTON, CLINTON and BRODKEY, JJ., and COLWELL, District Judge.


SPENCER, Justice.

Plaintiff prosecutes this appeal from the denial of his workmen's compensation claim for disability as a result of two distinct diseases caused by ingestion of lead into his system. A single judge entered an award in favor of the plaintiff. Upon appeal the Nebraska Workmen's Compensation Court en banc, in a split decision, found: "That the plaintiff has failed to maintain the burden of proving by a preponderance of the evidence that there is a causal...

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