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KRUEGER v. HOCH

No. 45,438

202 Kan. 319 (1968)

447 P.2d 823

MARION A. (SIEBERT) KRUEGER and DAVID D. SIEBERT, by his Mother and Next Friend and Natural Guardian, MARION A. (SIEBERT) KRUEGER, Appellants, v. ORVILLE J. HOCH and R.F. HOCH, d/b/a HOCH'S DAIRY, ORVILLE J. HOCH, d/b/a VICTORY ALL STAR DAIRY, and ST. PAUL FIRE & MARINE INSURANCE COMPANY, Appellees.

Supreme Court of Kansas.

Opinion filed December 7, 1968.

Attorney(s) appearing for the Case

Byron M. Gray, of Topeka, argued the cause, and Charles L. Davis, Jr., and Robert D. Hecht, all of Topeka, were with him on the briefs for the appellants.

Jerry W. Hannah, of Topeka, argued the cause, and Harry W. Colmery, Clayton M. Davis, Mark L. Bennett, Wilbur G. Leonard, Robert A. McClure, Frank C. Sabatini, Howard H. Becker, Gerald J. Letourneau, John E. Wilkinson, Mark L. Bennett, Jr., John E. Davis, and Raymond L. Spring, all of Topeka, were with him on the briefs for the appellees.

The opinion of the court was delivered by

KAUL, J.:

This is an appeal from an adverse ruling in an action commenced under the provisions of K.S.A. 44-512a. The controversy arises out of a workmen's compensation proceeding in which an award of compensation was set aside by a decision of this court in Siebert v. Hoch, 199 Kan. 299, 428 P.2d 825.

The facts are not disputed.

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