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SCROGGS v. AMERICAN STOVE CO.

No. 8416.

142 F.2d 297 (1944)

SCROGGS v. AMERICAN STOVE CO.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied June 8, 1944.

Attorney(s) appearing for the Case

Arthur L. Gilliom, Karl J. Stipher, Gilliom & Gilliom, and Elbert R. Gilliom, all of Indianapolis, Ind., for appellant.

James A. Ross and James Donadio, both of Indianapolis, Ind., for appellee.

Before EVANS, SPARKS, and MAJOR, Circuit Judges.

MAJOR, Circuit Judge.

This is an appeal from a judgment favorable to the plaintiff in an action predicated upon Secs. 2 and 3 of the Workmen's Occupational Diseases Act of Indiana, Chap. 69, Indiana Acts of 1937, Secs. 40-2202, 2203, 8 Burns' I.S.A., 1940, Repl. The Act permits the recovery of damages by an employe for injury to health by reason of disease contracted or sustained in the course of his employment, proximately caused by the negligence of his employer...

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