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ARGONAUT INS. EXCHANGE v. KATES

Docket No. 16793.

137 Cal.App.2d 158 (1955)

289 P.2d 801

ARGONAUT INSURANCE EXCHANGE, Petitioner, v. GORDON FRANK KATES (a Minor) and INDUSTRIAL ACCIDENT COMMISSION, Respondents.

Court of Appeals of California, First District, Division One.

November 21, 1955.

Attorney(s) appearing for the Case

Leonard, Hanna & Brophy and Edmund D. Leonard for Petitioner.

Everett A. Corten and Daniel C. Murphy for Respondents.

BRAY, J.

Raising the interesting question as to whether enlistment in the United States Army by a minor under 18 constitutes an emancipation making the presumption of dependency provided in section 3501, Labor Code, inapplicable, petitioner seeks review and annulment of an order of the commission awarding a death benefit to respondent Gordon, the minor son of John Kates who was killed in an industrial accident.

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