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BRANDNER v. TRAVELERS INS. CO.

No. 14162.

587 P.2d 933 (1978)

Eugene J. BRANDNER, Jr., Claimant and Appellant, v. TRAVELERS INSURANCE COMPANY, Defendant and Respondent.

Supreme Court of Montana.

Decided November 27, 1978.

Attorney(s) appearing for the Case

Hoyt & Lewis, Great Falls, Tommy L. Lewis (argued), Great Falls, for claimant and appellant.

Marra, Wenz, Iwen & Johnson, Great Falls, Joseph R. Marra (argued), Great Falls, Charles R. Johnson (argued), Great Falls, for defendant and respondent.

SHEEHY, Justice.

Appeal is by claimant, Eugene J. Brandner, Jr., from a decision of the Workers' Compensation Court determining the subrogation interest of the insurer, Travelers Insurance Company in a recovery obtained by plaintiff as a settlement of a third party action.

We find that the administrator of the Workers' Compensation Division, whose order was affirmed by the Workers' Compensation Court, made an incorrect determination of the subrogation interest...

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