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WELLS v. ANDERSON

No. 54,593

8 Kan. App. 2d 431 (1983)

659 P.2d 833

WILLIAM L. WELLS, Appellant, v. THOMAS D. ANDERSON, Appellee.

Court of Appeals of Kansas.

Opinion filed March 10, 1983.

Attorney(s) appearing for the Case

W. Irving Shaw of Krueger & Shaw, of Emporia, for the appellant.

John A. Bausch of Ascough, Bausch, Eschmann, P.A., of Topeka, for the appellee.

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

Petition for review denied 233 Kan. 1093 (1983).

SPENCER, J.:

This is an appeal by plaintiff from summary judgment entered on the ground that his claim was barred by the exclusive remedy provision of the Workmen's Compensation Act, K.S.A. 44-501 and K.S.A. 44-504(a).

This issue arises from an accident which occurred November 29, 1979, at the S & S Service Center, an Emporia, Kansas, truck stop. Both plaintiff and defendant were S & S...

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