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Bear Canyon Mining Company v. Industrial Commission

Supreme Court of Arizona

February 21, 1955

BEAR CANYON MINING COMPANY, Petitioner,
v.
The INDUSTRIAL COMMISSION of Arizona, B. F. Hill, F. A. Nathan and A. R. Kleindienst, the members thereof, L. D. Poor, Applicant, and Dennis E. Green and James B. Green, Respondents.

Shimmel, Hill & Hill, Phoenix, for petitioner.

Donald J. Morgan, Phoenix, for respondent Industrial Commission of Arizona, John R. Franks, Robert K. Park, Phoenix, and John F. Mills, Prescott, of counsel.

D. E. Rienhardt, Globe, for respondent L. D. Poor.

Rawlins, Davis, Christy, Kleinman & Burrus, Phoenix, for respondents Dennis E. Green and James B. Green.

WINDES, Justice.

Petition of Bear Canyon Mining Company for certiorari to test the validity of an award of the respondent Industrial Commission of Arizona awarding compensation to respondent, L. D. Poor, against the petitioner. This is the same award as that involved in the case of Green v. Industrial Commission, 78 Ariz. 347, 280 P.2d 268. The award is based upon the same facts [78 Ariz. 351] and record as therein. The decision in that case cantrols the decision herein.

The award is set aside.

LA PRADE, C. J., and UDALL, PHELPS and STRUCKMEYER, ...


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