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BROOKS v. LOCHNER BUILDERS, INC.

No. 51,743

5 Kan. App. 2d 152 (1980)

613 P.2d 389

GARY L. BROOKS, Appellee and Cross-Appellant, v. SAM LOCHNER BUILDERS, INC., Appellant and Cross-Appellee, and THE KANSAS WORKMEN'S COMPENSATION FUND.

Court of Appeals of Kansas.

Opinion filed July 3, 1980.

Attorney(s) appearing for the Case

Richard M. Enochs, of Wallace, Saunders, Austin, Brown & Enochs, of Overland Park, for appellant and cross-appellee.

David K. Martin, of Payne & Jones, Chartered, of Olathe, for appellee and cross-appellant.

Before MEYER, P.J., REES and PARKS, JJ.

REES, J.:

Respondent Sam Lochner Builders, Inc., appeals and claimant Gary L. Brooks cross-appeals from an award of worker's compensation to claimant.

Lochner, a home builder, was building a house in the city of Olathe. The trim carpentry portion of the construction was undertaken by an individual who had bid the work on a job basis at an agreed price of $750. Because of illness, that workman left the job with the work fifty to seventy-five percent completed...

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