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ARY v. MISSOURI PORTLAND CEMENT CO.

No. 42481.

612 S.W.2d 840 (1981)

Janet C. ARY et al., Plaintiffs-Appellants, v. MISSOURI PORTLAND CEMENT COMPANY, Defendant-Respondent, Hammermills, Inc., and Litton Industrial Products, Inc., Defendants.

Missouri Court of Appeals, Eastern District, Division Two.

February 10, 1981.

Attorney(s) appearing for the Case

Stephen H. Ringkamp, Hullverson, Hullverson & Frank, Inc., St. Louis, for plaintiffs-appellants.

Ralph C. Kleinschmidt, Evans & Dixon, Richard A. Mueller, St. Louis, Edward K. Fehlig, Clayton, for defendant-respondent.

GUNN, Judge.

The single issue in this appeal is whether Missouri's Workmen's Compensation Law, Chapter 287, RSMo 19781 provides a sufficient bulwark to resist the claim of a decedent employee's children lodged under §§ 537.180 and 537.230 concerning actions against mine owners or operators for injury or death of an employee. The trial court dismissed such a claim after the employer mine operator asserted workmen's compensation...

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