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LEAKE v. CITY OF FULTON

No. WD 71821.

316 S.W.3d 528 (2010)

Alan LEAKE, Deceased, Linda Leake, Respondent, v. CITY OF FULTON, Appellant.

Missouri Court of Appeals, Western District.

Rehearing Denied August 31, 2010.

Attorney(s) appearing for the Case

Clare R. Behrle, St. Louis, MO, for Respondent.

Susan M. Turner and C. Travis Hargrove, Jefferson City, MO, for Appellant.

Before Division II: JOSEPH M. ELLIS, Presiding Judge, and ALOK AHUJA and KAREN KING MITCHELL, Judges.

KAREN KING MITCHELL, Judge.

The City of Fulton ("Fulton") appeals from a final order of the Labor and Industrial Relations Commission ("Commission") awarding benefits to Linda Leake ("Widow"), the widow of decedent Alan Leake ("Leake"). We affirm the order of the Commission.

Procedural and Factual Background

Leake was a captain with the Fulton fire department and had been with the department for twenty years. On April 30, 2006, Leake was called to...

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