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STEPHENSON v. MITCHELL, ETC.

No. 4555.

569 P.2d 95 (1977)

William E. STEPHENSON, Appellant (One of defendants below), v. Minnie A. MITCHELL, Wyoming State Treasurer, ex rel. WORKMEN'S COMPENSATION DEPARTMENT, Appellee (Plaintiff below).

Supreme Court of Wyoming.

September 8, 1977.

Attorney(s) appearing for the Case

Ernest Wilkerson, New York City, on the brief, and John Burk, Casper, argued, for appellant.

V. Frank Mendicino, Atty. Gen., Cheyenne, on the brief, and Lawrence A. Bobbitt, III, Sp. Asst. Atty. Gen., argued for appellee.

John E. Stanfield, Smith, Stanfield & Scott, Laramie, for amicus curiae.

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

RAPER, Justice.

The ultimate question involved in the appeal of this case is whether the industrial accident fund, administered by the Workmen's Compensation Department, State of Wyoming, can be charged attorney's fees by an employee coming under the provisions of the Worker's Compensation Act making a successful recovery in a third-party action under the provisions of § 27-54, W.S. 1957, C. 1967, in effect at the time...

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