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ELLIOTT v. DILLON COMPANIES

No. 73,478.

260 Kan. 411 (1996)

918 P.2d 1305

GLORIA FALCON ELLIOTT, Appellee, v. DILLON COMPANIES, TRANSPORTATION INSURANCE COMPANY, JOHN HAYES, and DEBBIE VERREN, Appellants.

Supreme Court of Kansas.

Opinion filed July 12, 1996.

Attorney(s) appearing for the Case

Bryce A. Abbott, of Hershberger, Patterson, Jones & Roth, L.C., of Wichita, argued the cause and was on the brief for appellant.

John D. Shultz, of Shultz & Associates, P.A., of Dodge City, argued the cause, and Donald E. Shultz, of the same firm, was with him on the brief for appellee.

The opinion of the court was delivered by

ALLEGRUCCI, J.:

This is an interlocutory appeal by defendants from the district court's denial of their motions to dismiss for lack of subject matter jurisdiction and for failure to state a claim upon which relief could be granted. The single issue in this case is whether a workers compensation claimant may bring a cause of action under K.S.A. 44-5,121. The district court certified that an immediate appeal would materially...

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