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COX v. COPELAND BROS. CONST. CO.

No. KCD 30114.

589 S.W.2d 55 (1979)

Susan COX et al., Appellants, v. COPELAND BROTHERS CONSTRUCTION COMPANY and Western Casualty & Surety Company, Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied October 29, 1979.

Application to Transfer Denied December 6, 1979.

Attorney(s) appearing for the Case

Edward J. Murphy, Butler, for appellants.

Edward W. Mullen, Patrick C. Cena, Deacy & Deacy, Kansas City, for respondents.

Before HIGGINS, Special Judge, Presiding, WELBORN, Special Judge and SWOFFORD, C. J.

SWOFFORD, Chief Judge.

On November 13, 1975, Gerald Cox, husband of Susan K. Cox, and father of Susan Evelyn Cox, a minor, was killed in Saline County, Missouri in an automobile collision while en route from his home in Chillicothe to Marshall, Missouri. Appellants filed a claim for his death under the Missouri Workmen's Compensation Act alleging that the accident resulting in Cox's death occurred while he was within the course and scope of his employment as a plumbing...

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