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PETERSON v. FAIRMONT FOOD. CO.

No. 40,250

179 Kan. 799 (1956)

298 P.2d 223

RITTA ADAMS PETERSON, Widow (Edgar T. Peterson, Deceased), Appellee, v. FAIRMONT FOOD COMPANY and AMERICAN MUTUAL LIABILITY INSURANCE COMPANY, Appellants.

Supreme Court of Kansas.

Opinion filed June 9, 1956.

Attorney(s) appearing for the Case

Donald R. Newkirk, of Wichita, argued the cause, and Douglas B. Myers, of Dodge City, and Howard T. Fleeson, Homer V. Gooing, Wayne Coulson, Paul R. Kitch, Dale M. Stucky, Robert J. Hill, Gerrit H. Wormhoudt, and Theodore C. Geisert, all of Wichita, were with him on the briefs for the appellants.

R.R. Mitchell, of Dodge City, argued the cause, and W.C. Gould, and Don C. Smith, both of Dodge City, were with him on the briefs for the appellee.

The opinion of the court was delivered by

THIELE, J.:

This appeal arises from a proceeding under the workmen's compensation act to review an award previously made.

On February 19, 1954, Edgar T. Peterson died as the result of a compensable injury, and on May 21, 1954, his widow Ritta Adams Peterson and an attorney for the employer and its insurance carrier appeared before the workmen's compensation commissioner and presented a joint petition and stipulation...

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