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POOLE v. EARP MEAT CO.

No. 60,409

242 Kan. 638 (1988)

750 P.2d 1000

SUSAN POOLE, as surviving spouse and as mother and guardian of the three minor children of Gary Poole, deceased, Appellant, v. EARP MEAT COMPANY and ROCKWOOD INSURANCE COMPANY, Appellees.

Supreme Court of Kansas.

Opinion filed February 19, 1988.

Attorney(s) appearing for the Case

Paul V. Dugan, of Wichita, argued the cause and was on the brief for appellant.

Michael T. Harris, of Wichita, argued the cause and was on the brief for appellees.

The opinion of the court was delivered by

HERD, J.:

This is a workers' compensation case. Susan Poole, surviving wife of Gary Poole, on behalf of herself and their three minor children, appeals the district court's finding that benefits must be denied pursuant to K.S.A. 1987 Supp. 44-501(d) because death was substantially caused by Poole's intoxication.

The relevant facts are as follows: Gary Poole was a six...

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