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PETERS v. PETERS

No. 39,486

177 Kan. 100 (1954)

276 P.2d 302

VENITA FAE PETERS, individually and as natural guardian of JANIS KRISTINE PETERS, a minor, Appellants, v. NORMA JEAN PETERS, guardian for LAVONA LOU PETERS, JAMETTA LEE PETERS and TERRY GENE PETERS, minors; HAZEL PETERS, guardian of JAMES HOWARD PETERS, HELEN JOANNE PETERS, CLINTON LEON PETERS, ROBERT EUGENE PETERS and GERALD LEE PETERS, minors; R.E. MATTISON & COMPANY; U.S. FIDELITY & GUARANTY COMPANY, Appellees.

Supreme Court of Kansas.

Opinion filed November 13, 1954.

Attorney(s) appearing for the Case

Marvin E. Thompson, of Russell, argued the cause, and George W. Holland, and A.K. Shearer, both of Russell, were with him on the briefs for the appellants.

Neil Hotchkiss, of LaCrosse, argued the cause and was on the briefs for the appellees, Norma Jean Peters, guardian of Lavona Lou Peters, Jametta Lee Peters and Terry Gene Peters, minors.

Ray McCombs, of Ness City, argued the cause and was on the briefs for the appellees, Hazel Peters, guardian of James Howard Peters, Helen Joanne Peters, Clinton Leon Peters, Robert Eugene Peters and Gerald Lee Peters, minors.

The opinion of the court was delivered by

PARKER, J.:

This is a workmen's compensation case. Neither the employer nor the insurance carrier is questioning the amount of the award, and the distribution thereof to be made among dependents of the deceased workman is the only issue on appeal.

James Oliver Peters was accidentally electrocuted on January 20, 1953, in Ness County, Kansas, while in the performance of services arising out of and in the course...

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