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ALLEN v. DOROTHY'S LAUNDRY AND DRY CLEANING CO.

No. KCD 27279.

523 S.W.2d 874 (1975)

Junetta ALLEN, Respondent, v. DOROTHY'S LAUNDRY AND DRY CLEANING COMPANY, Employer, and Miller's Mutual Insurance Agency of Illinois, Insurer, Appellants.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied June 2, 1975.

Application to Transfer Denied July 14, 1975.

Attorney(s) appearing for the Case

John C. Russell, Raytown, for appellants.

John C. Milholland, A. J. Anderson, Harrisonville, for respondent.

Before SWOFFORD, P. J., and ROBERT R. WELBORN and ANDREW J. HIGGINS, Special Judges.

ROBERT R. WELBORN, Special Judge.

Workmen's Compensation proceeding. Referee of Division of Workmen's Compensation denied claim for death benefit. Industrial Commission affirmed ruling of referee. Circuit court reversed and ordered allowance of claim. Employer and insurer appeal.

The decisive facts are set out in the findings of the referee, as follows:

"I find from the evidence that on April 21, 1972 [Orville T. Allen] was shot by a berserk rifleman...

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