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CALVERT v. DARBY CORPORATION

No. 46,199

207 Kan. 198 (1971)

483 P.2d 491

ELLA M. CALVERT, Widow of Richard M. Calvert, Deceased, Claimant-Appellant, v. DARBY CORPORATION and SECOND INJURY FUND, Respondents, and TRAVELERS INSURANCE COMPANY, Insurance Carrier, Appellees.

Supreme Court of Kansas.

Opinion filed April 10, 1971.

Attorney(s) appearing for the Case

Douglas Lancaster, of Wagner, Leek & Mullins, of Shawnee Mission, argued the cause and was on the brief for appellant.

Frank Sabatini, of Topeka, argued the cause, and was on the brief for The Kansas Second Injury Fund, appellee. Robert A. Unverferth, of Kansas City, argued the cause and was on the brief for The Darby Corporation and Travelers Insurance Company, appellees.

The opinion of the court was delivered by

FATZER, J.:

This is an appeal from the district court's denial of a claim under the Workmen's Compensation Act for death caused by a myocardial infarction. The claimant-appellant, Ella M. Calvert, is the widow of Richard M. Calvert, the deceased workman, and sought an award of workmen's compensation.

The decedent had a history of heart ailment dating back to November, 1962. He was then hospitalized and away...

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