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WAYNE v. FINCH

No. C-134-W-68.

313 F.Supp. 898 (1969)

Rufus H. WAYNE, Plaintiff, v. Robert H. FINCH, Secretary of Health, Education, and Welfare, Defendant.

United States District Court, M. D. North Carolina, Wilkesboro Division.

October 22, 1969.

Attorney(s) appearing for the Case

John E. Hall, of McElwee & Hall, North Wilkesboro, N. C., for plaintiff.

William L. Osteen, U. S. Atty., and Richard M. Dailey, Jr., Asst. U. S. Atty., Greensboro, N. C., for defendant.

MEMORANDUM OPINION

GORDON, District Judge.

While employed as a timber and log cutter for a sawmill on March 1, 1960, Rufus Wayne (sometimes hereinafter referred to as the "claimant") was severely injured when a tree fell upon him, crushing his rib cage on the right and smashing his right scapula. For the next twenty days he was confined to Wilkes General Hospital and treated by Dr. Fred C. Hubbard, a general surgeon. On March 27, 1960, he was taken to Baptist...

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