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LYLES v. AMERICAN HOIST & DERRICK CO.

No. 78-1383.

614 F.2d 691 (1980)

Jon Brian LYLES, Plaintiff-Appellee, Employers Mutual Casualty Company, Intervening Plaintiff-Appellant, v. AMERICAN HOIST & DERRICK COMPANY, Defendant.

United States Court of Appeals, Tenth Circuit.

Decided January 30, 1980.

Attorney(s) appearing for the Case

Larry A. Tawwater of Lampkin, Wolfe, McCaffrey & Tawwater, Oklahoma City, Okl., for plaintiff-appellee.

Donald Church of Church & Roberts, Tulsa, Okl., for intervening plaintiff-appellant.

Before HOLLOWAY, BARRETT and DOYLE, Circuit Judges.

BARRETT, Circuit Judge.

Employers Mutual Casualty Company (Employers), as intervening workmen's compensation insurer, appeals from an "Order Apportioning Settlement Funds" (Order) in this litigation anchored to diversity jurisdiction. The sole issue before us is whether the District Court properly apportioned the $425,000.00 settlement fund by awarding the plaintiff-appellee, Jon Brian Lyles (Lyles), $399,930.00 and Employers $25,070. The latter sum was awarded Employers...

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