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McARTHUR v. GLASS KING MFG., INC.

No. 58,235

11 Kan. App. 2d 35 (1985)

711 P.2d 774

GARY L. McARTHUR, Claimant-Appellee, v. GLASS KING MANUFACTURING, INC., Respondent-Appellee, AETNA LIFE & CASUALTY, Insurance Carrier-Appellee, and KANSAS WORKERS' COMPENSATION FUND, Appellant.

Court of Appeals of Kansas.

Opinion filed January 9, 1985.

Attorney(s) appearing for the Case

Charles R. Pike and Brock R. McPherson, of McPherson, Bauer, Pike & Pike, Chtd., of Great Bend, for appellant.

Allen G. Glendenning and Casey R. Law, of Turner and Boisseau, Chartered, of Great Bend, for appellee Glass King Manufacturing, Inc.

Before MEYER, P.J., REES, J., and FRED S. JACKSON, District Judge, assigned.

REES, J.:

Appellant Workers' Compensation Fund appeals from an order of the district court overruling the Fund's motion to dismiss on the ground respondent Glass King Manufacturing, Inc., failed to preserve the issue of Fund liability in respondent's settlement with claimant Gary L. McArthur. We dismiss.

McArthur was injured on September 18, 1981, while in the employ of Glass King. McArthur filed a claim for compensation, and Glass King and its insurance carrier...

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