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ROBY v. TARLTON CORP.

No. 51466.

728 S.W.2d 586 (1987)

Jim ROBY, Plaintiff-Respondent, v. TARLTON CORPORATION and United States Fidelity and Guaranty Company, Defendants-Appellants, and Wendell Bailey, State Treasurer, as Custodian for the Second Injury Fund, Defendant-Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing and/or Transfer Denied April 15, 1987.

Application to Transfer Denied May 19, 1987.

Attorney(s) appearing for the Case

Adrian DeYong, St. Louis, for defendants-appellants.

Frank Joseph Niesen, St. Louis, for plaintiff-respondent.

William E. Roussin, Sp. Asst. Atty. Gen., St. Louis, for State Treasurer as Custodian of Second Injury Fund.

GARY M. GAERTNER, Presiding Judge.

Appellants, an employer and his insurance carrier, appeal from an order finding respondent, Jim Roby, permanently and totally disabled and entitled to disability benefits. The order was affirmed by the Labor and Industrial Relations Commission ("Commission") and the circuit court. Appellants raise three points on appeal. The first challenges the Commission's decision as being an incorrect interpretation of the law. Secondly, appellants...

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