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BARKE v. ARCHER DANIELS MIDLAND CO.

No. 48,704

223 Kan. 313 (1978)

573 P.2d 1025

GERHARD BARKE, Claimant, v. ARCHER DANIELS MIDLAND COMPANY and/or GOOCH FEED MILL COMPANY, et al., Respondent, and FIDELITY & GUARANTY CASUALTY INSURANCE COMPANY, Insurance Carrier, Appellee, and KANSAS WORKMEN'S COMPENSATION FUND, Appellant.

Supreme Court of Kansas.

Opinion filed January 21, 1978.

Attorney(s) appearing for the Case

C. Stanley Nelson, of Hampton, Royce, Engleman, and Nelson, of Salina, argued the cause, and was on the brief for the appellant.

David S. Knudson, of King, Stokes, Knudson, and Nitz, Chartered, of Salina, argued the cause, and was on the brief for the appellee and respondent.

The opinion of the court was delivered by

PRAGER, J.:

This is a workmen's compensation appeal. The award of compensation to the claimant, Gerhard Barke, based upon a temporary total disability is not disputed here. The contest is between the respondent-employer, Archer Daniels Midland Company, and the Kansas Workmen's Compensation Fund as to who should pay the award. The facts in the case are as follows: In April of 1963 the claimant Barke suffered a back...

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