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PENCE v. CENTEX CONSTRUCTION CO.

No. 42,837

189 Kan. 718 (1962)

371 P.2d 100

ROSE PENCE, Widow, and Guardian of CONSTANCE JOYCE PENCE, Minor Child (Walter M. Pence, Deceased), (Claimants), Appellees, v. CENTEX CONSTRUCTION COMPANY, INC. (Respondent), and UNITED STATES FIDELITY AND GUARANTY COMPANY (Insurance Carrier), Appellants.

Supreme Court of Kansas.

Opinion filed May 5, 1962.

Attorney(s) appearing for the Case

David H. Fisher, of Topeka, argued the cause, and Irwin Snattinger, Donald Patterson, C.K. Sayler, and Jack L. Summers, all of Topeka, were with him on the briefs for the appellants.

George E. McCullough, of Topeka, argued the cause, and W.L. Parker, Jr., Robert B. Wareheim, and Philip J. Saia, all of Topeka, were with him on the briefs for the appellees.

The opinion of the court was delivered by

PARKER, C.J.:

This is a workmen's compensation case where the claimants recovered in the proceeding before the Compensation Director and in the district court. The respondent, employer, and the insurance carrier appeal.

The proceeding was instituted by Rose Pence as the widow of her deceased husband and as guardian of his sole dependent minor child, hereinafter referred to as claimants or appellees, against...

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