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HELTON v. INDUSTRIAL COMMISSION

No. 6443.

85 Ariz. 276 (1959)

336 P.2d 852

Masako HELTON, Widow, and Masako Lee Helton, Leon Masayuki Helton and William Masao Helton, Minor children of George William Helton, Deceased, Petitioners, v. INDUSTRIAL COMMISSION of Arizona and State of Arizona-State Auditor (Arizona Game and Fish Commission), Respondents.

Supreme Court of Arizona.

March 19, 1959.

Attorney(s) appearing for the Case

Robert E. Yount and Fenton J. McDonough, Phoenix, for petitioners.

Robert K. Park, Phoenix, for respondent Industrial Commission. John R. Franks, Donald J. Morgan, James D. Lester and Frances M. Long, Phoenix, of counsel.

BERNSTEIN, Justice.

By certiorari we are asked to review an award of the Industrial Commission denying "death benefits" to the petitioners for the death of their husband and father upon findings that the death did not arise out of and in the course of the decedent's employment, A.R.S. § 23-1021.

The decedent was killed in a highway accident approximately twenty miles north of Phoenix at about one a.m. on November 13, 1956 while driving a truck owned by...

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