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DIEDRICK v. HARTFORD ACCIDENT & INDEMNITY CO.

No. 103.

62 Wis.2d 759 (1974)

216 N.W.2d 193

DIEDRICK, by Guardian ad litem, and another, Plaintiffs and Appellants, v. HARTFORD ACCIDENT & INDEMNITY COMPANY, Plaintiff and Respondent: GEHRING and another, Defendants and Third-Party Plaintiffs and Respondents: REX CHAINBELT COMPANY, Impleaded Third-Party Defendant and Respondent.

Supreme Court of Wisconsin.

Decided April 2, 1974.

Attorney(s) appearing for the Case

For the appellants there was a brief by Allan Cain, attorney, and Robert E. Henke of counsel, both of Appleton, and oral argument by Mr. Cain and Mr. Henke.

For the plaintiff-respondent The Hartford Accident & Indemnity Company there was a brief by Fulton, Menn & Neha, Ltd., of Appleton, and oral argument by Peter S. Nelson of Appleton.

ROBERT W. HANSEN, J.

The twin issues presented are whether the compensation carrier's attorney's fee was properly included as a cost of collection of the entire award, and whether the allocation of attorneys' fees, representing costs of collection, as between plaintiffs' attorney and the insurer's attorney was fair and reasonable.

Distribution of proceeds.

The trial court approved the settlement and...

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