Beatty v. Scott

BLACKBIRD, Vice Chief Justice.

Challenged, as contrary to law, is the order dismissing claimant’s proceeding for compensation based on the trial tribunal’s finding that her right to a death benefit award was barred by the provisions of Section 2, H.B. 612, S.L.1953, p. 430 (85 O.S. Supp.1953, § 43), for want of prosecution within five years from the filing date of the claim.

The claim under review, instituted on July 7, 1954, was set for hearing on three occasions: November 3, 1954, May 26, 1955, and December 8, 1959. According to the docket entries, the first two times the case was “stricken…