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SMYTH v. ADJUTANT GENERAL

No. 47,264

214 Kan. 715 (1974)

522 P.2d 372

MRS. PHILIP W. SMYTH, Appellant, v. ADJUTANT GENERAL OF THE STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed May 11, 1974.

Attorney(s) appearing for the Case

Sam A. Crow, of Crow & Skoog, of Topeka, argued the cause and was on the brief for appellant.

Curt T. Schneider, assistant attorney general, argued the cause, and Vern Miller, attorney general, was with him on the brief for appellee.

The opinion of the court was delivered by

FATZER, C.J.:

This is an appeal from an order dismissing an action for relief under the provisions of K.S.A. 1971 Supp. 48-261 providing compensation to surviving spouses of members of the Kansas National Guard whose death occurs in the line of duty. The facts are not in dispute.

The plaintiff is the widow of Brigadier General Philip W. Smyth who was assistant adjutant general for the state of Kansas. The deceased...

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