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THUNE v. LAND O'LAKES CREAMERIES

No. 44504.

224 N.W.2d 155 (1974)

Harvey THUNE, Respondent, v. LAND O'LAKES CREAMERIES, et al., Relators, State Treasurer, Custodian of the Special Compensation Fund, Respondent.

Supreme Court of Minnesota.

November 29, 1974.

Attorney(s) appearing for the Case

Alex B. Leibel and R. V. Illgen, Minneapolis, for relators.

Warren Spannaus, Atty. Gen., Kenneth E. McCoy and Winston Ehlmann, Asst. Attys. Gen., St. Paul, for St. Trser.

Brink, Sobolik & Severson, Hallock, for Thune.

Hansen, Dordell, Bradt & Koll and Wayne P. Dordell, St. Paul, Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan and Carlyn D. Knudson, Minneapolis, amicus curiae.

Heard before SHERAN, C. J., and ROGOSHESKE, PETERSON, MacLAUGHLIN and SCOTT, JJ., and considered and decided by the court en banc.

PER CURIAM.

Certiorari to review a decision of the Workmen's Compensation Commission which limited the reimbursement to the employer-relator, Land O'Lakes Creameries, from the special compensation fund to 50 percent of the compensation benefits to be paid to Harvey Thune, employee.

Thune sustained a personal injury to his lower back in April 1964 arising out of and in the course and scope of his employment with...

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