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McCANN v. HOLY SEPULCHRE CEMETERY ASS'N

No. 42545.

288 N.W.2d 45 (1980)

205 Neb. 444

Earl McCANN, Appellant, v. HOLY SEPULCHRE CEMETERY ASSOCIATION and the State of Nebraska, Second Injury Fund, Appellees.

Supreme Court of Nebraska.

February 5, 1980.

Attorney(s) appearing for the Case

Thomas R. Wolff, Omaha, for appellant.

Gaines, Otis, Mullen & Carta, Omaha, for appellees.

Heard before KRIVOSHA, C. J., WHITE, and HASTINGS, JJ., and RIST and BARTU, District Judges.

RIST, District Judge.

This is an appeal by plaintiff, Earl McCann, from an order on rehearing by the Nebraska Workmen's Compensation Court dismissing his claims for benefits against his employer, Holy Sepulchre Cemetery Association, and the State of Nebraska, Second Injury Fund, arising from injuries which he claims arose out of and in the course of his employment by the cemetery association.

The record reflects that plaintiff, since early childhood, has had...

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