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FITZWATER v. BOEING AIRPLANE CO.

No. 40,544

181 Kan. 158 (1957)

309 P.2d 681

GEORGE OTTO FITZWATER, Appellant, v. BOEING AIRPLANE COMPANY and LIBERTY MUTUAL INSURANCE COMPANY, Appellees.

Supreme Court of Kansas.

Opinion filed April 6, 1957.

Attorney(s) appearing for the Case

Gerald L. Michaud, of Wichita, argued the cause; Ora D. McClellan, Harry E. Robbins, Jr., Carol V. Creitz and John B. Wooley, all of Wichita, were with him on the briefs for appellant.

Robert N. Partridge, of Wichita, argued the cause; George B. Powers, Samuel E. Bartlett, Carl T. Smith, John F. Eberhardt, Stuart R. Carter, Robert C. Foulston, Malcolm Miller, Robert M. Siefkin and Richard C. Harris, all of Wichita, were with him on the briefs for appellees.

The opinion of the court was delivered by

SCHROEDER, J.:

This was a Workmen's Compensation case. The trial court affirmed the award of the Workmen's Compensation Commissioner denying compensation, and the employee has appealed.

The legal question presented is whether the claim for compensation was made in time under our statute (G.S. 1949, 44-520a), which so far as here pertinent reads:

"No proceedings for compensation shall be maintainable...

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