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COURTNEY v. BABEL

No. 43299.

198 N.W.2d 566 (1972)

Harvey COURTNEY, trustee for the heirs of Thomas P. Fitzgerald, Decedent, Respondent, v. Sebastian BABEL, et al., Respondents, County of Clearwater and Western National Mutual Insurance Company, proposed intervenors, Appellants.

Supreme Court of Minnesota.

Clarification and Modification of Opinion Denied August 29, 1972.

Attorney(s) appearing for the Case

Raymond W. Fitch, Minneapolis, for appellants.

Ekvall & Rasmussen, Bagley, for Courtney.

Rufer, Hefte, Pemberton, Schulze & Sorlie, Fergus Falls, Powell & Dessert and Phillip D. Nelson, Bemidji, for Babel and others.

Heard before KNUTSON, C. J., and ROGOSHESKE, TODD, and GUNN, JJ.

OPINION

WILLIAM D. GUNN, Justice.*

In this action for death by wrongful act, the workmen's compensation carrier for decedent's employer appeals from an order refusing to vacate an order for the distribution of money recovered under Minn.St. 573.02 by way of settlement.

The action for death by wrongful act was originally filed in the District Court in Clearwater County on November 10, 1970, but a change in venue was granted...

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