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GASTON v. SAN ORE CONSTRUCTION CO., INC.

No. 45,865

206 Kan. 254 (1970)

477 P.2d 956

RAY D. GASTON and WILMA GASTON, Appellants, v. SAN ORE CONSTRUCTION CO., INC., Appellee.

Supreme Court of Kansas.

Opinion filed December 12, 1970.

Attorney(s) appearing for the Case

Howard Harper, of Harper, Hornbaker, Waters and Abbott, of Junction City, argued the cause, and Wayne W. Ryan, of Jones and Ryan, of Clay Center, was with him on the brief for the appellants.

Clarence L. King, Jr., of King and Stokes, of Salina, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

HATCHER, C.:

This was an action for wrongful death of a boy sixteen years of age. The defendant's motion to dismiss the plaintiffs' amended petition was sustained and they have appealed.

The over-all question involved is whether the Workmen's Compensation Act provided an exclusive remedy and precluded the plaintiffs from maintaining an action for wrongful death.

Our review is limited by the facts as...

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