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DAY v. TOWN CLUB

No. 47676.

45 N.W.2d 222 (1950)

DAY v. TOWN CLUB et al.

Supreme Court of Iowa.

December 12, 1950.

Attorney(s) appearing for the Case

Lorna L. Williams and Emmert, James, Needham & Lindgren, Des Moines, for claimant-appellant.

Emerett C. Hansen and Don G. Allen, Des Moines, for intervenor-appellee.

Comfort, Comfort & Irish and Berry O. Burt, Des Moines, for defendants-appellees.

HAYS, Justice.

This is an appeal from a decree sustaining an award of death benefits under the Workmen's Compensation Act. Liability is admitted and the issue presented is who are the beneficiaries under Section 85.42, Code 1946, I.C.A.

Section 85.42, Code 1946, I.C.A., provides: "Conclusively presumed dependent. The following shall be conclusively presumed to be wholly dependent upon the deceased employee: 1. The surviving spouse, (with exceptions not here...

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