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SAM WINER AND COMPANY v. SPELTS

No. 2-1275A370.

348 N.E.2d 670 (1976)

SAM WINER AND COMPANY, Defendant-Appellant, v. Freeman E. SPELTS and Mary Lou Spelts, Plaintiffs-Appellees.

Court of Appeals of Indiana, Second District.

Rehearing Denied July 20, 1976.

Attorney(s) appearing for the Case

Philip E. Byron, Jr., Robert T. Sanders, III, Byron & Daniels, Elkhart, for defendant-appellant.

Robert D. Lee, South Bend, for plaintiffs-appellees.

SULLIVAN, Judge.

Appellant Sam Winer & Company (Winer) is appealing an award of the Industrial Board which granted dependents' benefits to Freeman E. and Mary Lou Spelts. The award is based upon the death of Lester Leroy Spelts, their son.

The sole issue before us depends upon the application or inapplication of Ind. Ann. Stat. 22-3-3-20 (Burns Code Ed. 1974):

"Dependency in fact — Marriage as termination of dependency — No reinstatement...

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