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FLOTT v. WENGER MIXER MANUFACTURING CO.

No. 42,546

189 Kan. 80 (1961)

367 P.2d 44

ELMER LEE FLOTT, Claimant, Appellant, v. WENGER MIXER MANUFACTURING CO., Respondent, and HARDWARE MUTUAL CASUALTY COMPANY, Insurance Carrier, Appellees.

Supreme Court of Kansas.

Opinion filed December 9, 1961.

Attorney(s) appearing for the Case

Harry A. Lanning, of Seneca, argued the cause, and William M. Drumm, also of Seneca, was with him on the briefs for the appellant.

Thomas M. Van Cleave, Jr., of Kansas City, argued the cause, Robert M. Finley and Harry E. Miller, both of Hiawatha, Willard L. Phillips, P.B. McAnany and James J. Lysaught, all of Kansas City, were with him on the briefs for the appellees.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an appeal in a workmen's compensation case from an order and judgment of the district court of Nemaha County reversing, vacating and setting aside an award of compensation made by the workmen's compensation commissioner to the claimant.

Basically, the controlling question is whether the 1955 amendment to G.S. 1949, 44-504, now appearing as G.S. 1959 Supp., 44-504, applies to the factual...

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