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District Court of Appeal, Third District, California.

IDAHO MARYLAND MINES CORPORATION, Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION of the State of California and Frank P. McCullough, Respondents.

Civ. 9662.

Decided: October 22, 1959

Hanna & Brophy, San Francisco, for petitioner. Emily B. Johnson, Everett A. Corten, San Francisco, for Industrial Accident Commission. Leo J. Todd, Grass Valley, for McCullough.

Petitioner seeks a writ of review and an annulment of a finding and award of the Industrial Accident Commission in which workmen's compensation benefits were made to the applicant, Frank P. McCullough, one of the respondents herein.

With the exception of the dates of occurrence and some minor details, the fact situation is almost identical with those in the case of Idaho Maryland Mines Corp. v. Industrial Accident Commission this day decided by this court and reported in 345 P.2d 109. Also the questions of law and the arguments presented are in all respects identical in the two cases; hence, our conclusion and the decision reached in the Hattox case apply with equal force in this proceeding.

It is ordered that the award be affirmed.

WARNE, Justice pro tem.

VAN DYKE, P. J., and SCHOTTKY, J., concur.