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SIRICO v. BURCH

No. 43,123

190 Kan. 474 (1962)

375 P.2d 596

JOHN P. SIRICO (Claimant), Appellee, v. JESS BURCH (Respondent) and WESTERN CASUALTY AND SURETY COMPANY (Insurance Carrier) Appellants, and FOX CONSTRUCTION COMPANY (Respondent) and CENTRAL SURETY AND INSURANCE CORPORATION (Insurance Carrier), Appellees.

Supreme Court of Kansas.

Opinion filed November 3, 1962.

Attorney(s) appearing for the Case

John G. Atherton, of Emporia, argued the cause, and Samuel Mellinger, of Emporia, was with him on the briefs for the appellants.

J.D. Lysaught, of Kansas City, argued the cause, and Lacy C. Haynes, of Emporia, and Miles D. Mustain, of Kansas City, were with him on the briefs for appellees, Fox Construction Company and Central Surety & Insurance Corporation.

Dale E. Spiegel, of Emporia, argued the cause and was on the briefs for appellees, John P. Sirico.

The opinion of the court was delivered by

PARKER, C.J.:

This is a workmen's compensation proceeding brought by John P. Sirico (hereinafter referred to as claimant), under the provisions of the Workmen's Compensation Act, particularly Chapter 246, Laws 1953, now G.S. 1961 Supp., 44-5a01 to 44-5a22, incl., against Jess Burch and his insurance carrier, Western Casualty and Surety Company (hereinafter referred to as Burch or as appellants), and Fox Construction...

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