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LUTZ v. GEHRING CONTRACTOR-BUILDER, INC.

No. 42,263

188 Kan. 690 (1961)

366 P.2d 281

(WILLIAM J. LUTZ) VIVIAN LOUISE LUTZ, Individually and as Natural Guardian of PAMELA ANN LUTZ, a Minor [Substituted Claimants], Appellants, v. F.P. GEHRING CONTRACTOR-BUILDER, INC., and TRAVELERS INSURANCE COMPANY, Appellees.

Supreme Court of Kansas.

Opinion filed November 10, 1961.

Attorney(s) appearing for the Case

Charles Rooney, Sr., of Topeka, argued the cause, and Charles Rooney, Jr., of Topeka, was with him on the briefs for the appellants.

Steadman Ball, of Atchison, argued the cause, and J.W. Lowry, William E. Stillings, and Robert D. Caplinger, all of Atchison, were with him on the briefs for the appellees.

The opinion of the court was delivered by

PARKER, C.J.:

This case stems from a claim made under the Workmen's Compensation Act. The facts may be briefly stated.

The claimant, William J. Lutz, met with an accidental injury on February 21, 1958, which arose out of and in the course of his employment with the respondent, F.P. Gehring Contractor-Builder, Inc. The relationship of employer and workman existed at the time of the accident and the parties were...

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