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SARGENT v. PRESTON-HAGLIN CONST. CO.

No. 51245.

304 N.W.2d 625 (1981)

Paul Frank SARGENT, Relator, v. PRESTON-HAGLIN CONSTRUCTION CO., et al., Respondents.

Supreme Court of Minnesota.

April 3, 1981.

Attorney(s) appearing for the Case

Grose, Von Holtum, Von Holtum, Sieben & Schmidt and David Stofferahn, Minneapolis, for relator.

Van Eps & Gilmore, Minneapolis, for respondents.

Heard, considered and decided by the court en banc.

SIMONETT, Justice.

Employee-relator, Paul Frank Sargent, seeks review by certiorari of a decision of the Workers' Compensation Court of Appeals granting the workers' compensation insurer, Liberty Mutual Insurance Company, subrogation rights to the proceeds of the employee's settlement recovery in a third party tort action. Essentially, the employee seeks to avoid Liberty's subrogation rights under Minn.Stat. § 176.061, subd. 6 (1976),1

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