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ALLEN v. MILLS

No. 58,192

11 Kan. App. 2d 415 (1986)

724 P.2d 143

DAVID N. ALLEN, Appellant, v. TOM MILLS, d/b/a F & M BOX COMPANY, Appellee.

Court of Appeals of Kansas.

Opinion filed August 21, 1986.

Attorney(s) appearing for the Case

James S. Oswalt, of Oswalt & Oswalt, of Hutchinson, for appellant.

Forrest James Robinson, Jr., of Kahrs, Nelson, Fanning, Hite & Kellogg, of Wichita, for appellee.

Before REES, P.J., PAUL W. CLARK, District Judge, assigned, and JAMES J. NOONE, District Judge Retired, assigned.

CLARK, J.:

Plaintiff David N. Allen appeals from an order of summary judgment made pursuant to K.S.A. 60-256 that declared his sole remedy for personal injuries received to be that fixed under the Workmen's Compensation Act, K.S.A. 44-501 et seq.

The subject of the appeal is the scope of both statutes cited above.

The issue that we will resolve here is whether under the uncontroverted facts a self-employed person can be brought within the Workmen...

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