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CANNON v. CONTAINER CORPORATION OF AMERICA

282 A.2d 614 (1971)

John CANNON, Plaintiff Below, Appellant, v. CONTAINER CORPORATION OF AMERICA, a corporation of the State of Delaware, Defendant Below, Appellee.

Supreme Court of Delaware.

September 9, 1971.

Attorney(s) appearing for the Case

Oliver V. Suddard, Wilmington, for plaintiff below, appellant.

Roger Sanders, of Prickett, Ward, Burt & Sanders, Wilmington, for Bituminous Casualty Co.

WOLCOTT, Chief Justice, and CAREY and HERRMANN, JJ., sitting.

HERRMANN, Justice:

In this action by a workman against a third party tort feasor, arising from an industrial accident, we are required to review the Superior Court's apportionment of the recovery as between the employee and the employer's compensation carrier.

The plaintiff employee, John Cannon, was injured by accident in the course of his employment by Wilmington Waste and Materials, Inc. Workmen's compensation...

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