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STONECIPHER v. WINN-RAU CORPORATION

No. 47,807

218 Kan. 617 (1976)

545 P.2d 317

MR. and MRS. CECIL M. STONECIPHER, Appellants, v. WINN-RAU CORPORATION, Appellee.

Supreme Court of Kansas.

Opinion filed January 24, 1976.

Attorney(s) appearing for the Case

Robert E. Fabian, of McAnany, Van Cleave and Phillips, of Kansas City, argued the cause, and Bill E. Fabian of the same firm was with him on the brief for the appellants.

Richmond M. Enochs, of Wallace, Saunders, Austin, Brown and Enochs, of Overland Park, argued the cause, and Morris J. Nunn, of Morrison, Hecker, Curtis, Kuder and Parrish, of Kansas City, Mo., was with him on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

In this wrongful death action brought by the parents and heirs at law of a deceased employee against the employer the question is whether the decedent and the employer were subject to the provisions of the workmen's compensation act. The district court held they were and plaintiffs have appealed from the dismissal based upon that ruling.

The dismissal derives from the fact the surviving kin of a...

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