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CHILDRESS v. CHILDRESS PAINTING CO.

No. 49,949

3 Kan. App. 2d 135 (1979)

590 P.2d 1093

Ben S. Childress, Jr., Deceased, DOROTHEA CHILDRESS, Appellee, v. CHILDRESS PAINTING COMPANY and UNITED STATES FIDELITY & GUARANTY CO., Appellants. Reversed .

Court of Appeals of Kansas.

Opinion filed February 23, 1979.

Attorney(s) appearing for the Case

J. Eugene Balloun and L. Franklin Taylor of Payne & Jones, Chartered, of Olathe, for the appellants.

David R. Hills and Robert W. Harris of Harris & Hills, of Kansas City, for the appellees.

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

SWINEHART, J.:

This appeal involves a workmen's compensation claim made by the widow of Ben S. Childress, Jr. The respondent, Childress Painting Company, and its insurance carrier, United States Fidelity & Guaranty Co., appeal the trial court's determination that the claim was not barred by the three year statute of limitations established by K.S.A. 1978 Supp. 44-534.

At the outset it should be noted that the statute embodying the three year limitation...

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