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UTILITIES INSURANCE COMPANY v. McBRIDE

No. 7117.

315 F.2d 553 (1963)

UTILITIES INSURANCE COMPANY, Appellant, v. Keller A. McBRIDE, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied May 3, 1963.

Attorney(s) appearing for the Case

Clayton B. Pierce, Oklahoma City, Okl. (John R. Couch and Melvin F. Pierce, and Pierce, Mock, Duncan, Couch & Hendrickson, Oklahoma City, Okl., were with him on the brief), for appellant.

C. J. Watts, Oklahoma City, Okl. (Looney, Watts, Looney, Nichols & Johnson, Oklahoma City, Okl., were with him on the brief), for appellee.

Before BREITENSTEIN, HILL and SETH, Circuit Judges.

BREITENSTEIN, Circuit Judge.

The question is the right of an insurance carrier to recover from an injured workman the amount of compensation paid to him under Oklahoma law when, by settlement with a third person allegedly responsible for the injury, the injured man has recovered an amount in excess of the compensation award paid by the insurance carrier. The trial court granted summary judgment against the insurance carrier and it has appealed. Jurisdiction is based...

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