SMITH v. INDUSTRIAL COMMISSION OF ARIZONA

No. 6002.

79 Ariz. 18 (1955)

281 P.2d 797

Frank L. SMITH, Petitioner, v. THE INDUSTRIAL COMMISSION OF ARIZONA, and B.F. Hill, A.R. Kleindienst and F.A. Nathan, as Members thereof, and Grant E. Naegle (Naegle Property Services), Respondents.

Supreme Court of Arizona.

Rehearing Denied April 26, 1955.


Attorney(s) appearing for the Case

Burton Lewkowitz and John B. Marron, Phoenix, for petitioner.

Donald J. Morgan, Phoenix, for respondent, The Industrial Commission of Arizona, John R. Franks, Robert K. Park, Phoenix, and John F. Mills, Prescott, of counsel.


UDALL, Justice.

Petitioner, Frank L. Smith, obtained a writ of certiorari to review an award of respondent Industrial Commission denying him compensation. The respondent promptly filed a motion to quash the writ and dismiss the petition for lack of jurisdiction, on the ground the award had become res judicata. We reserved a ruling upon this motion until the matter was heard on its merits.

An understanding of the problems presented by the motion to quash...

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