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YOUNG v. YOUNG

453 S.W.2d 277 (1970)

John W. YOUNG, Commissioner of Labor of the Commonwealth of Kentucky and Custodian of the Special Fund, Appellant, v. Frank YOUNG, James Howard d/b/a Stagger Hollow Coal Company, et al., Appellees.

Court of Appeals of Kentucky.

April 24, 1970.

Attorney(s) appearing for the Case

Martin Glazer, Dept. of Labor, Frankfort, for appellant.

Cawood Smith, Harlan, for appellees.

Harry C. Campbell, Pikeville, for Kentucky Coal Assn., Amicus Curiae.

James M. Graves and William P. Swain, Boehl, Stopher, Graves & Deindoerfer, Louisville, for American Insurance Assn., Amicus Curiae.

STEINFELD, Judge.

Appellee Frank Young had worked as an underground coal miner for various companies for approximately 67 years when he was employed by James Howard, d/b/a Stagger Hollow Coal Company. He mined for Howard for about nine years and on June 27, 1964, ceased working in the mines.

Sometime about the year 1956 Howard elected to operate under the Workmen's Compensation Act (KRS 342.390) and he secured insurance, but his policy was cancelled on December...

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