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WENTZELL v. WEBSTER RUBBER CO.

398 A.2d 393 (1979)

Glenn WENTZELL v. WEBSTER RUBBER COMPANY and Travelers Indemnity Company.

Supreme Judicial Court of Maine.

March 1, 1979.

Attorney(s) appearing for the Case

Linnell, Choate & Webber by Jon S. Oxman, Auburn (orally), for plaintiff.

Norman & Hanson by Robert F. Hanson, Portland (orally), for defendant.

Before McKUSICK, C. J., POMEROY, ARCHIBALD, DELAHANTY and GODFREY, JJ., and DUFRESNE, A. R. J.

DUFRESNE, A. R. J.1

Appellant-employee Glenn Wentzell appeals from a pro forma decree of the Superior Court affirming an order of the Industrial Accident Commission2 dismissing employee's petition for award of compensation. The sole issue on appeal is whether the commissioner erred as a matter of law in holding that the employee's injury did not arise (1) out of and (2) in the course of his employment. We sustain...

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