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FRANKLIN v. WATKINS, INC.

No. 42,595

190 Kan. 374 (1962)

375 P.2d 618

FRED W. FRANKLIN, Appellee, v. WATKINS, INC., and CONSOLIDATED UNDERWRITERS, Appellants.

Supreme Court of Kansas.

Opinion on rehearing filed November 3, 1962.

Attorney(s) appearing for the Case

Glenn J. Shanahan, of Wichita, argued the cause, and Dale M. Bryant, Morris H. Cundiff, Garner E. Shriver, Orlin L. Wagner and Royce E. Wallace, all of Wichita, were with him on the brief for the appellants.

Cliff W. Ratner, of Wichita, argued the cause, and Payne H. Ratner, Louise Mattox, Payne H. Ratner, Jr., Edmund R. Learned, R.R. Barnes and Tyler C. Lockett, all of Wichita, were with him on the brief for the appellee.

George E. McCullough, W.L. Parker, Jr., Robert B. Wareheim, Reginald LaBunker and John Carpenter, all of Topeka, filed a brief amicus curiae.

OPINION ON REHEARING

The opinion of the court was delivered by

PRICE, J.:

This is a workmen's compensation case.

The examiner before whom the matter was heard denied compensation.

Upon review by the commissioner an award in favor of the workman was entered.

Upon appeal the district court upheld the award entered by the commissioner.

The employer and its insurance carrier appealed to this court and the appeal was heard...

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