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DOWD v. MOORE

No. 4357.

99 N.H. 313 (1954)

KARL E. DOWD & a., Adm'rs v. EARLE B. MOORE & a. SAME v. LEGER DESLAURIERS & a.

Supreme Court of New Hampshire.

Decided December 15, 1954.

Attorney(s) appearing for the Case

Karl E. Dowd and John D. Warren (Mr. Warren orally), as administrators, pro se.

Paul E. Nourie for the defendant Moore, furnished no brief.

Wyman, Starr, Booth, Wadleigh & Langdell (Mr. Booth orally), for the defendant Deslauriers.

Sullivan & Gregg and Joseph M. Kerrigan (Mr. Kerrigan orally), for the defendants Textron, Inc. and American Mutual Liability Insurance Company.

Frederic J. Grady and John B. Ford (Mr. Ford orally), for the defendant guardian.

Clancy & O'Neill for the defendant Eva Farland.

DUNCAN, J.

The questions transferred without ruling are controlled by the decision in Gagne v. Greenhouses, 99 N.H. 292, argued and considered with this case and decided this day. The lien provided by Laws 1947, c. 266, s. 12, as amended by Laws 1949, c. 160, in favor of an employer does not attach to the proceeds of recovery or settlement of an action by the administrator of the employee against third...

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