HENNING v. WINEMAN

No. 51053.

306 N.W.2d 550 (1981)

Dallas HENNING and Marilyn Henning, husband and wife, Respondents, v. George James WINEMAN, Respondent, Western National Mutual Insurance Company, Appellant.

Supreme Court of Minnesota.

March 20, 1981.


Attorney(s) appearing for the Case

Farrish, Johnson, Maschka & Hottinger and John C. Hottinger, Mankato, for appellant.

Schmidt, Thompson, Thompson & Johnson and Joseph E. Thompson, Willmar, for Henning.

Erickson, Zierke, Kuderer, Myster & Wilhelm and Charles R. Zierke, Fairmont, for Wineman.

Heard, considered and decided by the court en banc.


AMDAHL, Justice.

This is an appeal from an order of the district court, Fifth Judicial District, denying Intervenor's motion for amended findings of fact, conclusions of law, and order for judgment, or for a new trial.

The issue is whether the district court has the jurisdiction to allocate the proceeds of a third party settlement between amounts recoverable under workers' compensation and amounts not so recoverable. In our opinion, the district court has...

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