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MANNING v. STATE IND. ACC. COMM.

234 Or. 207 (1963)

380 P.2d 989

MANNING v. STATE INDUSTRIAL ACCIDENT COMMISSION

Supreme Court of Oregon.

Reversed April 24, 1963.

Attorney(s) appearing for the Case

Gerald C. Knapp, Assistant Attorney General, Portland, argued the cause for appellant. With him on the brief were Robert Y. Thornton, Attorney General, and Ray H. Lafky, Assistant Attorney General, Salem.

Berkeley Lent, Portland, argued the cause for respondent. With him on the brief were Peterson, Lent & Paulson, and Charles Paulson, Portland.

Before McALLISTER, Chief Justice, and PERRY, O'CONNELL, DENECKE and LUSK, Justices.

REVERSED.

McALLISTER, C.J.

Plaintiff, while employed as a laborer by a landscape gardener, sustained a personal injury by accident arising out of and in the course of his employment. Plaintiff's claim for compensation under the Workmen's Compensation Law1 was denied by defendant, State Industrial Accident Commission, on the ground that plaintiff was not covered under that act. Plaintiff appealed to the circuit court which reversed...

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