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BYERS v. THE INDUSTRIAL COMMISSION

No. 6203.

80 Ariz. 406 (1956)

298 P.2d 1039

Edith M. BYERS, Petitioner, v. The INDUSTRIAL COMMISSION of the State of Arizona, and B.F. Hill, A.R. Kleindienst, and F.A. Nathan, Members of the Industrial Commission of the State of Arizona, and Albert E. Main, Respondents.

Supreme Court of Arizona.

July 3, 1956.

Attorney(s) appearing for the Case

Lester J. Hayt and Alan Philip Bayham, Phoenix, for petitioner.

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

WINDES, Justice.

We issued certiorari on the petition of Edith M. Byers to review an award of the Industrial Commission of Arizona denying her death benefits under the workman's compensation law for the death of her husband which she claimed arose out of and in the course of his employment.

Facts for which there is ample evidence in support are: The decedent had worked intermittently for the respondent employer for about five years as a city delivery man....

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