HUXMAN, Circuit Judge.
This is an action brought by the American Mutual Liability Insurance Company under the Kansas Workmen's Compensation Act for the benefit of itself and Kenneth Welsh. It was brought in the name of Kenneth Welsh. American Mutual was the insurance carrier under the workmen's compensation act for Welsh's employer.
The action is predicated on an accident on or about September 9, 1951, on the highways of Kansas, between an automobile operated...
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