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ST. PAUL FIRE & MARINE INS. v. FARNER

Nos. 80-1657, 80-1705.

648 F.2d 489 (1981)

ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Appellee, v. Jean FARNER, Appellant. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Appellant, v. Jean FARNER, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 12, 1981.

Attorney(s) appearing for the Case

Gary Davis, argued, Charles Rick Johnson, Johnson, Johnson & Eklund, Gregory, S. D., for Jean Farner.

Lawrence L. Piersol, argued, Davenport, Evans, Hurwitz & Smith, Sioux Falls, S. D., for St. Paul Fire and Marine.

Before LAY, Chief Judge, ROSS, Circuit Judge, and ROBINSON, Senior District Judge.

LAY, Chief Judge.

John Farner was killed March 17, 1971, when his truck crashed into a concrete column near Cle Elum, Washington. St. Paul Fire and Marine Insurance Company, the worker's compensation carrier for Farner's employer, allegedly paid the widow, Jean Farner, approximately $17,738.50 in compensation benefits. Subsequently, Mrs. Farner, as administratrix of the estate of her husband, recovered $125,000 in a wrongful death action against the manufacturer of...

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