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CAREY v. STADTHER

No. 44335.

219 N.W.2d 76 (1974)

Joyce L. CAREY, Widow of Michael H. Carey, Deceased Employee, Relator, v. Lawrence STADTHER, Administrator of the Estate of Edward Stadther, Deceased, Respondent, Dale Bast, d.b.a. Dale Bast Oil Co., et al., Respondents, Moorman Manufacturing Company, et al., Respondents, State Treasurer, Custodian of the Special Compensation Fund, Respondent.

Supreme Court of Minnesota.

Rehearing Denied July 8, 1974.

Attorney(s) appearing for the Case

Shadduck & Katzman and Nobel Shadduck, Annandale, for relator.

Gustafson & Waechter and Wallace F. Gustafson, Willmar, for Stadther.

Hansen, Dordell, Bradt & Koll and Wayne P. Dordell, St. Paul, for Bast Oil Co. and others.

William M. Robb and Curtis C. Gilmore, Minneapolis, for Moorman Mfg. Co., and others.

Warren Spannaus, Atty. Gen., Winston Ehlmann, Asst. Atty. Gen., St. Paul, for State Treasurer.

Heard before SHERAN, C. J., and PETERSON, KELLY, and YETKA, JJ., and considered and decided by the court.

YETKA, Justice.

Writ of certiorari to review a decision of the Workmen's Compensation Commission denying dependency compensation benefits to Joyce L. Carey and her minor child, dependents of Michael H. Carey, deceased employee. We reverse.

On May 20, 1970, relator's husband, Michael H. Carey, died of asphyxiation while attempting to rescue one Edward Stadther from a well. At the time of his death, Carey was employed as a feed salesman for Moorman Manufacturing...

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