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BAGINSKY v. AMERICAN SMELT. & REFIN. CO.

88 N.J. Super. 69 (1965)

210 A.2d 782

ANN BAGINSKY, PETITIONER-APPELLANT, v. AMERICAN SMELTING & REFINING CO., RESPONDENT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 28, 1965.

Attorney(s) appearing for the Case

Mr. Seymour B. Jacobs argued the cause for appellant (Messrs. Balk & Jacobs, attorneys).

Mr. Francis M. Seaman argued the cause for respondent (Messrs. Seaman & Clark, attorneys; Mr. John P. Kozak, on the brief).

Before Judges CONFORD, KILKENNY and LEWIS.

The opinion of the court was delivered by CONFORD, S.J.A.D.

This is a workmen's compensation "heart" case. Recovery was allowed by the Division of Workmen's Compensation but denied on appeal to the Middlesex County Court. Novel applications of the doctrine of Dwyer v. Ford Motor Co., 36 N.J. 487 (1962), are projected by the present appeal of petitioner.

Petitioner's husband, Walter Baginsky, employed by respondent since...

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