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OBERREITER v. FULLBRIGHT TRUCKING

No. 74914.

991 S.W.2d 721 (1999)

Orville OBERREITER, Deceased, Employee, and Cheryl Oberreiter, et al., Dependents, Appellants, v. FULLBRIGHT TRUCKING, Employer, Respondent, and Treasurer of the State of Missouri As Custodian of the Second Injury Fund, Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

May 4, 1999.

Attorney(s) appearing for the Case

Robert H. Sihnhold, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Attorney General, Jefferson City, John K. Ottenad, Assistant Attorney General, Cape Girardeau, for respondent Second Injury Fund.

OPINION

JAMES R. DOWD, Presiding Judge.

This is an appeal from the decision of the Labor and Industrial Relations Commission ("Commission") denying compensation from the employer and the Second Injury Fund. We dismiss the appeal.

Orville Oberreiter was killed in a trucking accident on September 22, 1987. On March 4, 1989, Cheryl Oberreiter, his wife, filed a wrongful death action in the circuit court against Willard Fullbright and Rose Mary...

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