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STORTS v. EBY CONSTRUCTION CO.

No. 47,553

217 Kan. 34 (1975)

535 P.2d 908

JAY C. STORTS, Appellant, v. MARTIN K. EBY CONSTRUCTION COMPANY, Appellee.

Supreme Court of Kansas.

Opinion filed May 10, 1975.

Attorney(s) appearing for the Case

John P. Woolf, of Martin, Pringle, Schell and Fair, of Wichita, argued the cause, and J. Taylor Neuschwander, of the same firm was with him on the brief for the appellant.

Jerry G. Elliott, of Foulston, Siefkin, Powers and Eberhardt, of Wichita, argued the cause, and Mikel L. Stout, of the same firm was with him on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

This is an appeal from summary judgment denying an employee of a subcontractor the right to maintain a tort action against the general contractor for personal injury on the basis the employee's exclusive remedy was under the workmen's compensation act pursuant to K.S.A. 44-503 (a). The primary issue is whether a contract existed between the general contractor and the subcontractor at the time of...

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