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YARDLEY v. MONTGOMERY

Nos. 60961, 60844.

580 S.W.2d 263 (1979)

Pamela YARDLEY and Andrew Yardley, Appellants, v. Gaylord MONTGOMERY, Employer and United States Fidelity and Guaranty Company, Insurer, Respondents. John Scott ASHER, a minor, et al., Appellants, v. KILLION CONSTRUCTION CO. et al., Respondents.

Supreme Court of Missouri, En Banc.

April 10, 1979.

Attorney(s) appearing for the Case

Senator Emory Melton, Cassville, for John Scott Asher et al.

Glenn A. Burkart, Springfield, for Killion Const. Co.

Kenneth D. Kyser, Moberly, for Pamela Yardley et al.

Kelly Pool, Jefferson City, for Gaylord Montgomery and U. S. Fidelity.

SIMEONE, Judge.

I.

These are consolidated appeals involving the same legal issue and a construction of certain provisions of the workmen's compensation law of Missouri. The issue in both cases is one of first impression: When an employee covered by workmen's compensation is killed in the course of his employment and the widow and children are each awarded certain weekly death benefits and the widow thereafter remarries and receives, under the law, a two...

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