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FISHER v. MISSOULA WHITE PINE SASH COMPANY

No. 12575.

518 P.2d 795 (1974)

Darlene A. (Ehni) FISHER et al., Plaintiff and Appellant, v. MISSOULA WHITE PINE SASH COMPANY, Employer, v. MICHIGAN MUTUAL LIABILITY COMPANY, Defendant and Respondent.

Supreme Court of Montana.

Decided February 7, 1974.

Attorney(s) appearing for the Case

Loble, Picotte, Loble, Pauly & Sternhagen, Helena, Gene A. Picotte argued, Helena, for plaintiff and appellant.

Worden, Thane, Haines & Williams, Missoula, Shelton C. Williams argued, Missoula, for defendant and respondent.

HASWELL, Justice.

This is an action to determine the subrogation rights of an employer's insurer under the Montana Workmen's Compensation Act. Claimant was awarded workmen's compensation benefits for the accidental death of her husband. Claimant also received a compromise settlement of $18,000 from an alleged third party tortfeasor in a wrongful death action.

The Workmen's Compensation Division denied the employer's insurer subrogation to any part of the ...

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