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HATAWAY v. PROCTOR & GAMBLE MANUFACTURING CO.

No. 44,047

195 Kan. 335 (1965)

405 P.2d 350

TROY HATAWAY, Appellant, v. PROCTOR & GAMBLE MANUFACTURING COMPANY, a Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed August 17, 1965.

Attorney(s) appearing for the Case

Joseph P. Jenkins, of Kansas City, argued the cause, and Joseph Cohen, Charles S. Schnider, John E. Shamberg, Norma Braly, Barton P. Cohen, Jacob F. May, Jr., Frederick K. Cross and Edward G. Collister, Jr., of Kansas City, were with him on the brief for appellant.

James K. Cubbison, of Kansas City, argued the cause, and Blake A. Williamson, Donald A. Hardy, A.C. Cooke and Sheldon M. Crossette, of Kansas City, were with him on the brief for the appellee.

Lee E. Weeks, Leonard O. Thomas, J. Donald Lysaught, Richard Millsap, Robert H. Bingham, Ervin G. Johnston and Miles D. Mustain, were on the brief of Helmerich & Payne, Inc., amicus curiae.

The following opinion was prepared by MR. JUSTICE ROBB and approved by the court during his lifetime:

This appeal by the plaintiff is a tort action for damages for taken from the judgment and order of the trial court sustaining defendant's motion for summary judgment on the basis that plaintiff's sole remedy is under the workmen's compensation act.

Plaintiff's counsel admits that if plaintiff is a statutory employee as defined in G.S. 1949, 44-503 (a

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