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FLANNERY v. INDUSTRIAL COMMISSION

No. 1 CA-IC 82.

3 Ariz. App. 122 (1966)

412 P.2d 297

Deloris FLANNERY and Minor Children, Petitioners, In the Matter of James E. Flannery, deceased, v. The INDUSTRIAL COMMISSION of Arizona, Respondent Insurance Carrier, Coca-Cola Bottling Company of Tucson, Arizona, Respondent Employer.

Court of Appeals of Arizona.

Rehearing Denied April 8, 1966.

Review Denied May 10, 1966.

Attorney(s) appearing for the Case

Rees, Estes & Browning, by Paul G. Rees, Jr., Tucson, for petitioners.

Robert K. Park, Chief Counsel, by Joyce Volts, Phoenix, for respondents.

STEVENS, Chief Judge.

James E. Flannery, then 42 years of age, was a route supervisor for the respondent employer in the City of Tucson. His responsibilities as route supervisor required that he be on call 24 hours a day and to enable him to meet these responsibilities, he customarily had a company truck at his home overnight. The night of 1-2 December 1960, was no exception in this regard. On the night of 1 December...

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