GILLOTTE v. OMAHA PUBLIC POWER DISTRICT

No. 38497.

203 N.W.2d 163 (1973)

189 Neb. 444

John GILLOTTE, Appellee, v. OMAHA PUBLIC POWER DISTRICT, a corporation, Appellee, Impleaded with Larson Cement Stone Co., a corporation, Appellant.

Supreme Court of Nebraska.

January 5, 1973.


Attorney(s) appearing for the Case

Haney, Wintroub & Haney, Omaha, for appellant.

Matthews, Kelley, Cannon & Carpenter, Martin A. Cannon, Omaha, for appellee.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, SMITH, McCOWN, NEWTON, and CLINTON, JJ.


McCOWN, Justice.

This case involves the allocation of reasonable expenses of trial and attorney's fees between employer and employee under section 48-118, R.R.S.1943. That statute applies to suits brought against third parties for injuries to an employee entitled to workmen's compensation benefits from his employer for the same injuries. The employer has appealed from an order of the trial court allocating fees and expenses following a successful recovery from a third...

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