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DEPENDENTS OF LEMKE

No. 49798.

291 N.W.2d 378 (1980)

DEPENDENTS of Carl F. LEMKE, Deceased. Jerald LEMKE and Stacey Lemke, Dependent Children, Relators, and Peggy Lemke, Dependent Widow, Respondent, v. KNUDSEN TRUCKING, INC., et al., Respondents.

Supreme Court of Minnesota.

February 1, 1980.

Attorney(s) appearing for the Case

James F. Cannon, Compensation Atty., St. Paul, for relators.

Kent W. Speight, Red Wing, for Lemke.

John W. Romine, Minneapolis, for Knudsen Trucking, Inc., et al.

Heard before PETERSON, YETKA and WAHL, JJ., and considered and decided by the court en banc.

YETKA, Justice.

Dependent children appeal the Workers' Compensation Court of Appeals' decision that the total received by the children for dependency benefits plus survivor benefits shall not exceed the proportion of the weekly wage apportioned to them as between themselves and a surviving spouse who is not their natural mother and not residing with them at the time of the decedent's death.

We affirm in part, reverse in part and remand for recalculation of...

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