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COMBS v. ELK HORN COAL CORPORATION

281 S.W.2d 424 (1955)

Lela COMBS et al., Appellants, v. The ELK HORN COAL CORPORATION et al., Appellees and Cross-Appellant. Jessie MONTGOMERY, Appellant, v. The ELK HORN COAL CORPORATION et al., Appellees and Cross-Appellant.

Court of Appeals of Kentucky.

June 24, 1955.

Attorney(s) appearing for the Case

Combs & Combs, Prestonsburg, for appellant Lela Combs.

Kenneth A. Howe, Pikeville, for appellant Jessie Montgomery.

Howard & Francis, Prestonsburg, for appellees and cross-appellant, Elk Horn Coal Corp.

STEWART, Chief Justice.

On August 23, 1951, John Henry Montgomery was killed in an accident while employed by appellee, The Elk Horn Coal Corporation. Jessie Montgomery, with whom he was living at the time of his death, under circumstances hereinafter described, filed an application for compensation shortly thereafter. Subsequently, Lela Combs, to whom he had formerly been married, filed her application, claiming that she alone was entitled to all compensation benefits...

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