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HAMILTON v. TRIVITS

340 A.2d 178 (1975)

Elizabeth HAMILTON, Plaintiff, v. Leon F. TRIVITS et al., Defendants.

Superior Court of Delaware, Kent.

May 29, 1975.

Attorney(s) appearing for the Case

Roy S. Shiels of Brown, Shiels & Barros, Dover, for plaintiff.

Brian P. Murphy, Deputy Atty. Gen., Wilmington, for defendants.

OPINION ON PETITION FOR COMPENSATION PAYMENTS DURING PENDENCY OF APPEAL

TAYLOR, Judge.

Plaintiff seeks mandamus against the Industrial Accident Board to compel the Board to make compensation payments to plaintiff out of the Industrial Accident Board Second Injury and Contingency Fund [Fund]. The facts are not in dispute, and, therefore, the matter is being presented for decision on the legal issues.

Plaintiff suffered a compensable industrial accident...

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