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SOLIDAY v. HIRES TURNER GLASS CO. et al.

187 Pa.Super. 44 (1958)

Soliday v. Hires Turner Glass Co. et al., Appellants.

Superior Court of Pennsylvania.

June 11, 1958.

Attorney(s) appearing for the Case

Edmund B. Spaeth, Jr., with him Frederick L. Fuges, and MacCoy, Evans & Lewis, for appellants.

Milford J. Meyer, with him Albert M. Hankin, Jacob B. Abrams, and Meyer, Lasch, Hankin & Poul, for appellee.

Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, and WATKINS, JJ. (ERVIN, J., absent).

OPINION BY GUNTHER, J., June 11, 1958:

This is a Workmen's Compensation case where the injury was caused by the negligence of a third party. A settlement was made with the third party after compensation payment had been made. The question before us is whether the employer is liable for the prorata share of the fees based, not only upon the amount repaid, but also on the amount credited, to the employer on account of contingent liability for future installments of...

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