SCHULZ v. GENERAL WHOLESALE CO-OP. CO., INC.

No. 40052.

238 N.W.2d 463 (1976)

195 Neb. 410

Burnell O. SCHULZ, Appellant, v. GENERAL WHOLESALE COOPERATIVE COMPANY, INC., a Nebraska Cooperative Corporation, et al., Appellees.

Supreme Court of Nebraska.

February 11, 1976.


Attorney(s) appearing for the Case

Nelson, Harding, Marchetti, Leonard & Tate, Kenneth Cobb, Scott E. Daniel, Lincoln, Hutton & Garden, Norfolk, for appellant.

Jewell, Otte, Gatz, Collins & Domina, Norfolk, for appellees.

Heard before SPENCER, NEWTON, and CLINTON, JJ., and HENDRIX and BUCKLEY, District Judges.


BUCKLEY, District Judge.

In this appeal, the issue is whether counsel for the injured employee in a tort claim should be allowed attorney's fees from that portion of the total settlement attributable to the workmen's compensation subrogation claim of his employer. The trial court denied such allowance and we affirm.

The plaintiff, Burnell O. Schulz, an employee of defendant General Wholesale Cooperative Company...

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