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CRONEN v. WEGDAHL CO-OP ELEVATOR ASS'N

No. 49046.

278 N.W.2d 102 (1979)

Yvette CRONEN, widow of Timothy Cronen, Deceased, Respondent, v. WEGDAHL COOPERATIVE ELEVATOR ASSOCIATION, et al., Relators.

Supreme Court of Minnesota.

April 6, 1979.

Attorney(s) appearing for the Case

Jardine, Logan & O'Brien, Alan R. Vanasek and Charles E. Gillin, St. Paul, for relators.

Robert Cudd, Willmar, for respondent.

Heard before ROGOSHESKE, TODD, and YETKA, JJ., and considered and decided by the court en banc.

YETKA, Justice.

This appeal is by writ of certiorari to the Workers' Compensation Division for review of a decision of the Workers' Compensation Court of Appeals. We affirm.

Relators challenge the commission's application of Minn.St. 176.061 in calculating relators' share of a recovery on behalf of employee from a third party. The parties raise the following issues:

1. Should relators' attorneys fees be included as part of costs of collection under...

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