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SHORT v. WITWER

No. 49,551

2 Kan. App. 2d 441 (1978)

581 P.2d 399

PAUL DEAN SHORT, Appellant, v. ALVIN E. WITWER, Examiner for the Workmen's Compensation Director of the State of Kansas and BRYCE B. MOORE, Director of the Division of Workmen's Compensation, Kansas Department of Human Resources, Appellees.

Court of Appeals of Kansas.

Opinion filed July 14, 1978.

Attorney(s) appearing for the Case

Simeon Webb and Fred Spigarelli, of Pittsburg, for the appellant.

William F. Morrissey, special assistant attorney general, of Topeka, and Curt T. Schneider, attorney general, for the appellees.

Before MEYER, P.J., ABBOTT and SWINEHART, JJ.

SWINEHART, J.:

This is an appeal of the trial court's refusal to issue an injunction preventing the workmen's compensation examiner or director from modifying a preliminary award under K.S.A. 1977 Supp. 44-534a.

The appeal to this court was submitted on the following agreed statement of facts as provided by Supreme Court Rule 3.05.

"1. On the 31st day of March, 1977, this Plaintiff/Appellant filed an Application for Workmen's Compensation Benefits...

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