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TRAVELERS INS. CO. v. LUMBER MUT. CAS. INS. CO.

20 N.J. Super. 265 (1952)

89 A.2d 717

THE TRAVELERS INSURANCE COMPANY, PLAINTIFF, v. LUMBER MUTUAL CASUALTY INSURANCE COMPANY OF NEW YORK, JOSEPH A. MARTIN AND HARRY COHN, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided June 13, 1952.

Attorney(s) appearing for the Case

Mr. William L. Dill, Jr., for the plaintiff (Messrs. Stryker, Tams & Horner, attorneys).

Mr. Isidor Kalisch for the defendant Lumber Mutual Casualty Insurance Company of New York (Messrs. Kalisch & Kalisch, attorneys).

Mr. Harry Cohn for the defendant Joseph A. Martin and pro se.

FREUND, J.S.C.

This is an interpleader action requiring construction of R.S. 34:15-40, as amended, of the Workmen's Compensation Act, as it pertains to attorney's fees with respect to a sum realized as the result of an injured employee's third-party suit.

Joseph A. Martin was employed by F.W. Steele, whose compensation insurance carrier was the Lumber Mutual Casualty Insurance Company of New York, hereinafter called the insurance carrier. On December...

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