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PATTON v. PATTON

No. 45978.

308 S.W.2d 739 (1958)

Nancy PATTON, Jess Edward Patton III, and Gary Allen Patton, Respondents-Appellants, v. R. J. PATTON and R. F. Boyd, d/b/a Patton & Boyd, and Iowa National Mutual Insurance Company, Respondents, and Tri-State Warehousing and Distributing Company, and Casualty Reciprocal Exchange, Appellants.

Supreme Court of Missouri, Division No. 2.

January 13, 1958.

Attorney(s) appearing for the Case

Roy Coyne, Max Patten, Joplin, for appellants Nancy Patton, Jess Edward Patton, III, and Gary Allen Patton.

Herbert Van Fleet, Joplin, Douglas Stripp, Vincent E. Rawson, Kansas City, for appellants Tri-State Warehousing & Distributing Co. and Casualty Reciprocal Exchange. Seiler, Blanchard & Van Fleet, Joplin, Watson, Ess, Marshall & Enggas, Kansas City, of counsel.

McReynolds, Flanigan & Flanigan, Laurence H. Flanigan, Carthage, for respondents.

BOHLING, Commissioner.

This is a workmen's compensation case. Claimants, the widow and two infant sons, one by a prior marriage, recovered an award of $12,000 for the death of Jess Edward Patton, Jr. (referred to hereinafter as Jess Patton), and $400 burial expense, against Tri-State Warehousing and Distributing Company, a corporation (referred to hereinafter as Tri-State), and Casualty Reciprocal Exchange, its insurer, as the special employer of said Patton. The...

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