KIRKPATRICK v. PATTERSON

No. 53485.

172 N.W.2d 259 (1969)

Wayne KIRKPATRICK, Plaintiff-Appellee, v. Gary T. PATTERSON and Linda S. Patterson, Defendants-Appellees, and Federated Mutual Implement & Hardware Insurance Company, Intervenor-Appellant.

Supreme Court of Iowa.

November 12, 1969.


Attorney(s) appearing for the Case

Davis, Huebner, Johnson & Burt, Des Moines, for intervenor-appellant.

Wetz & Cosgrove, Sioux City, for defendant-appellees.

Miller, Miller & Miller, Cherokee, for plaintiff-appellee.


STUART, Justice.

The only question presented here is the court's ruling on attorney fees to be allowed plaintiff's attorney under section 85.22(1) which provides:

"If compensation is paid the employee * * * [under workmen's compensation] * * * the employer by whom the same was paid, or his insurer which paid it, shall be indemnified out of the recovery of damages to the extent of the payment so made, with legal interest, except for such attorney fees as may...

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