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TOWNLEY'S DAIRY CO. v. TIPPS

No. 54826.

621 P.2d 1154 (1980)

TOWNLEY'S DAIRY COMPANY, Petitioner, v. Rae E. TIPPS, Michael S. Tipps, Kevin J. Tipps, Kelli D. Tipps, Terri Ann Ash, Gary W. Tipps, and Ricky L. Tipps, and Workers' Compensation Court, Respondents.

Supreme Court of Oklahoma.

Rehearing Denied January 19, 1981.

Attorney(s) appearing for the Case

Gene C. Howard, R.K. Pezold, Howard & Rapp, Tulsa, for petitioner.

Patrick E. Moore, Moore/Foster, Attys., Oklahoma City, for respondents.

WILLIAMS, Justice:

The question presented is whether or not 85 O.S.Supp. 1979, § 44 (a) and (b) require death benefit claimants to make an election of remedies with the employer having the right of subrogation.

During the pendency of this action, the foregoing question was fully determined in Earnest, Inc. and United General Insurance Company v. LeGrand and the Workers' Compensation Court, 621 P.2d 1148 (Okl. 1980...

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