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LEMERY v. BUFFALO AIRWAYS, INC.

No. 64,074

14 Kan. App. 2d 301 (1990)

789 P.2d 1176

JOHN-BRANDON MATTHEW LEMERY, a minor, and RYAN SEBASTIAN LEMERY, a minor, by and through DEBRA L. GARRISON, their mother and natural guardian; and KENNETH M. DUCKWORTH, as Special Administrator of the Estate of John E. Lemery, Deceased, Appellees, v. BUFFALO AIRWAYS, INC., Defendant, and MID-CONTINENT TRANSPORT, INC., and BITUMINOUS INSURANCE COMPANY, Intervenors/Appellants.

Court of Appeals of Kansas.

Opinion filed April 6, 1990.

Attorney(s) appearing for the Case

Vaughn Burkholder, of Foulston & Siefkin, of Wichita, for the intervenors/appellants.

Randall E. Fisher, of Michaud, Hutton & Bradshaw, of Wichita, for the appellees.

Before LARSON, P.J., BRAZIL, J., and RICHARD W. WAHL, District Judge Retired, assigned.

Petition for review denied 246 Kan. 767 (1990).

WAHL, J.:

John Lemery was killed in the course of his employment on April 13, 1987. His children were paid workers compensation benefits until they recovered against Buffalo Airways, Inc., the owner and operator of the plane in which Lemery was riding at the time of his death. Mid-Continent Transport, Inc., and Bituminous Insurance Company appeal the district court's order requiring them to contribute attorney...

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