Bemis v. Texaco, Inc.

Appellee’s basic contention in requesting rehearing is that this court in the initial opinion substituted its own conclusions that the injury “occurred in October 1963” for those of the district court that the “date of the injury was on or about May 29, 1954.” Such contention is unwarranted since the district court in its order of award of January 15, 1964, stated that the employee “was injured on October 17, 1963, as a result of an accident of May 29, 1954,” and did not in its later order of September 3 alter such statement. In the light of this circumstance, the argument in the petition for…