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RATHBUN v. TABER TANK LINES

No. 9468.

283 P.2d 966 (1955)

Ruth D. RATHBUN, Claimant and Appellant, v. TABER TANK LINES, Inc., Defendant and Respondent, and Liberty National Insurance Co., Defendant and Respondent.

Supreme Court of Montana.

Decided March 25, 1955.

As Amended on Denial of Rehearing May 20, 1955.

Attorney(s) appearing for the Case

F.N. Hamman, Polson, J.H. McAlear, Red Lodge, for appellant. J.H. McAlear argued the case orally.

H.L. McChesney, Floyd O. Small, Helena, for respondent. Floyd O. Small argued the case orally.

Sam D. Goza, Helena, Arthur H. Lalime, Butte, Murphy, Garlington & Pauley, Missoula, Coleman, Jameson & Lamey, Billings, Howard C. Burton, Great Falls, Frank I. Haswell, Whitefish, W.W. Wertz, Helena, amici curiae, urging that a rehearing be granted.

William T. Kelley, James F. Battin, Billings, Leo C. Graybill, Jr., Great Falls, Joseph M. Goldman & Lee Jordan, Missoula, Leif Erickson, Helena, amici curiae, urging that the petition for rehearing be denied.

ANGSTMAN, Justice.

Plaintiff brought this action to recover compensation for the death of her husband who was employed by the defendant company as a truck driver at the time of his death. After hearing before the industrial accident board, that board denied compensation. An appeal was taken to the district court and the court sustained the action of the industrial accident board. This appeal followed.

The board found:

"V. That competent medical evidence...

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