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HORTON v. FLEMING CO.

No. 49,385

3 Kan. App. 2d 121 (1979)

590 P.2d 594

PHYLLIS HORTON, Widow of Wayne Horton, Deceased, Appellant, v. FLEMING COMPANY and TRAVELERS INSURANCE CO., Appellees.

Court of Appeals of Kansas.

Opinion filed February 16, 1979.

Attorney(s) appearing for the Case

Craig Irwin, of Irwin, Irwin & Clutter, of Topeka, for appellant.

James E. Benfer, of Benfer and Farrell, of Topeka, for appellees.

Before REES, P.J., PARKS and SWINEHART, JJ.

Petition for review denied 225 Kan. 844.

REES, J.:

Wayne L. Horton was fatally injured on July 3, 1974, as the result of an accident arising out of and in the course of his employment by Fleming Company. A workmen's compensation claim was filed on behalf of his dependent surviving spouse and minor children. The award to the dependents entered by the examiner on October 8, 1976, was approved on review and appeal by the director and district court.

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