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BUSHMAN CONSTRUCTION CO. v. SCHUMACHER

No. 42,115

187 Kan. 359 (1960)

356 P.2d 869

BUSHMAN CONSTRUCTION COMPANY, a corporation, and LIBERTY MUTUAL INSURANCE COMPANY, a corporation, Appellants, v. ELMER J. SCHUMACHER, as Workmen's Compensation Commissioner for the State of Kansas, and BUFORD L. SHANKEL, as Examiner for the Workmen's Compensation Commissioner of the State of Kansas, Appellees.

Supreme Court of Kansas.

Opinion filed November 12, 1960.

Attorney(s) appearing for the Case

William Hergenreter, of Topeka, argued the cause, and Wendell L. Garlinghouse and Warren W. Shaw, of Topeka, were with him on the briefs for appellants.

George E. McCullough, of Topeka, argued the cause, and John Anderson, Jr., Attorney General, W.L. Parker, Jr., and Robert B. Wareheim, all of Topeka, were with him on the briefs for appellees.

The opinion of the court was delivered by

FATZER, J.:

In this action the plaintiffs sought a writ to prohibit the defendants from hearing an application to review and modify a workman's compensation award for temporary total disability under G.S. 1959 Supp., 44-528. The appellee defendants' motion to quash was sustained, and the plaintiffs have appealed.

As reflected by the petition, this appeal arises out of the following: On August 10, 1955, one...

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