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HYATT v. KAY WINDSOR, INC.

No. 41130.

254 N.W.2d 92 (1977)

198 Neb. 580

Maurice HYATT, Appellant, v. KAY WINDSOR, INC., Appellee.

Supreme Court of Nebraska.

June 1, 1977.

Attorney(s) appearing for the Case

Jerome P. Grossman and Howard Kaiman, Omaha, for appellant.

John R. Timmermier of Schmid, Ford, Mooney, Frederick & Caporale, Omaha, for appellee.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, CLINTON, BRODKEY, and WHITE, JJ.

McCOWN, Justice.

This is a workmen's compensation case in which plaintiff seeks to recover benefits for a heart attack. The single-judge Workmen's Compensation Court at the initial hearing, and the three-judge Workmen's Compensation Court on rehearing, held that plaintiff had failed to prove that the heart attack and its resulting disabilities arose out of and in the course of his employment by the defendant, and dismissed the petition. Plaintiff has appealed.

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