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FRANK C. SPARKS CO. v. HUBER BAKING CO.

No. 30-1952.

96 A.2d 456 (1953)

FRANK C. SPARKS CO. v. HUBER BAKING CO. et al.

Supreme Court of Delaware.

April 28, 1953.

Attorney(s) appearing for the Case

Stewart Lynch, of Wilmington, for appellant.

William Prickett, of Wilmington, for Huber Baking Co.

Thomas J. Healy, Jr., of Wilmington, for West T. Lamborn and Robert W. Lamborn.

William Poole, of Berl, Potter & Anderson, of Wilmington, and Howard L. Williams, of Hering, Morris, James & Hitchens, of Wilmington, for McCormick Const. Co., Inc.

Before WOLCOTT and TUNNELL, Justices, and CAREY, Judge.

WOLCOTT, Justice.

The principal question for decision is whether an employer, or the employer's insurance carrier which has paid compensation under the Workmen's Compensation Law is subrogated to the rights of an injured employee who has elected to take compensation under the Workmen's Compensation Law, 19 Del.C. § 2101 et seq.

The facts are briefly as follows:

In the fall of 1948, Frank C. Sparks Company (hereafter referred to as "Sparks") contracted...

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