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VERSCH v. TICHOTA

No. 39405.

220 N.W.2d 8 (1974)

192 Neb. 251

George W. VERSCH, Jr., Appellee, Cross-Appellant, v. James J. TICHOTA et al., Appellees, Impleaded with the City of Omaha, a municipal corporation, Appellant, Cross-Appellee.

Supreme Court of Nebraska.

July 5, 1974.

Attorney(s) appearing for the Case

Herbert M. Fitle, City Atty., James E. Fellows, George S. Selders, Jr., Omaha, for appellant.

Jack L. Spence, Omaha, for appellee.

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

WHITE, Chief Justice.

This is an action for the allowance for attorney's fees in a subrogation case. After settlement of the original claim for damages, and subsequent allocation of the proceeds between the plaintiff-employe Versch, and the defendant-employer City of Omaha (hereinafter referred to as the "City"), as subrogee, the plaintiff's attorney made application for attorney's fees in the amount of one-third of the fund recovered by the City, $2,250. The trial...

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