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WYOMING STATE TREASURER v. McINTOSH

Nos. 4623, 4624.

557 P.2d 743 (1976)

WYOMING STATE TREASURER ex rel. WORKER'S COMPENSATION DIVISION, Appellant (Intervenor below), v. Terry Dean McINTOSH, Appellee (Plaintiff below), Heil Company, a corporation, et al., (Defendants below). Terry Dean McINTOSH, Appellant (Plaintiff below), v. WYOMING STATE TREASURER ex rel. WORKER'S COMPENSATION DIVISION, Appellee (Intervenor below), Heil Company, a corporation, et al., (Defendants below).

Supreme Court of Wyoming.

December 13, 1976.

Attorney(s) appearing for the Case

V. Frank Mendicino, Atty. Gen., Lawrence A. Bobbitt, III, Sp. Asst. Atty. Gen., Cheyenne, for Wyoming State Treasurer ex rel. Worker's Compensation Division.

Mayne W. Miller, Casper, for Terry Dean McIntosh.

Before GUTHRIE, C.J., and McCLINTOCK, RAPER, THOMAS and ROSE, JJ.

ROSE, Justice.

This matter comes to this court upon the consolidation of two appeals arising out of the same industrial accident.

In August, 1970, Terry D. McIntosh, while working for the City of Casper in an employment covered by the Worker's Compensation Act, had his arm severed by a powered hopper mounted on a garbage truck, for which he was paid compensation in the sum of $22,898.24. Suit for third-party negligence was filed by McIntosh against the manufacturer...

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