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MILLER v. AMERICAN ROYAL ASS'N

No. WD 62507.

140 S.W.3d 74 (2004)

William MILLER, Respondent, v. AMERICAN ROYAL ASSOCIATION and American International Group, Appellants, Harry Vold Rodeo, Defendant, and Treasurer of the State of Missouri as Custodian of the Second Injury Fund, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied June 1, 2004.

Application for Transfer Denied August 24, 2004.

Attorney(s) appearing for the Case

Eric T. Lanham, Robert J. Wonnell, Kansas City, KS, for Appellant/Employer American Royal Association.

Jerry Kenter, Kansas City, MO, for Respondent Miller.

Tamara J. Anfang, Asst. Atty. Gen., Kansas City, MO, for Respondent Second Injury Fund.

Before: BRECKENRIDGE, P.J., and EDWIN H. SMITH and HOWARD, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 1, 2004.

VICTOR C. HOWARD, Judge.

The American Royal Association (the American Royal) appeals from a temporary or partial award of the Labor and Industrial Relations Commission (the Commission), in which the Commission declared that, pursuant to section 287.040.1,1 the American Royal was a statutory employer of William Miller when he was injured on October 27, 2000...

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