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IRVINE v. PERRY

No. 8219.

299 P.2d 97 (1956)

Sam IRVINE, Respondent and Cross-Appellant, v. Leland PERRY and Liberty National Insurance Co., Respondents; Western Hospital Association and National Surety Company, Respondents; R. L. Longanecker and The Aetna Casualty & Surety Company, Appellants and Cross-Respondents; Bergen A. Rapp, Respondent; H. Don Moseley, Respondent.

Supreme Court of Idaho.

Rehearing Denied July 19, 1956.

Attorney(s) appearing for the Case

Richard McFadden, St. Maries, J. Ward Arney, Coeur d'Alene, for appellants.

Paul W. Hyatt, Lewiston, for respondents.

Brown & Peacock of Kellogg, H. J. Hull & Sons, Wallace, and Carver, McClenahan & Greenfield, Boise, amici curiae.

ANDERSON, Justice.

Subsequent to the first opinion filed July 5, 1955, rehearing was had on May 14, 1956. The first opinion is withdrawn and the following substituted.

September 15, 1948, the claimant, then 32 years of age, received a personal injury to his back, caused by an accident arising out of and in the course of his employment with the employer, Leland Perry. The employer at the time had a hospital contract with Western Hospital Association, a corporation...

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