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TOMPKINS v. RINNER CONSTRUCTION CO.

No. 44,421

196 Kan. 244 (1966)

409 P.2d 1001

LUCILLE L. TOMPKINS, Widow of Raymond Evans Tompkins, Sr., Deceased, Appellant, v. GEORGE RINNER CONSTRUCTION CO., INC., and WESTERN CASUALTY AND SURETY COMPANY, Appellees.

Supreme Court of Kansas.

Opinion filed January 22, 1966.

Attorney(s) appearing for the Case

J.H. Eschmann, of Topeka, argued the cause and L.M. Ascough and John A. Bausch, both of Topeka, were with him on the brief for the appellant.

Herbert A. Marshall, of Topeka, argued the cause and Doral H. Hawks, E. Gene McKinney and Wayne E. Hundley, all of Topeka, were with him on the brief for the appellees.

The opinion of the court was delivered by

PRICE, J.:

This is the second chapter of a workmen's compensation case.

The question may be stated very briefly.

Where, in an appeal to this court by an employer and its insurance carrier from a judgment affirming an award of compensation by the director, it is ultimately determined that the accidental injury did not arise "out of" the employment and therefore compensation

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