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OVEREND v. ELAN I CORP.

441 A.2d 311 (1982)

Harry J. OVEREND v. ELAN I CORPORATION et al.

Supreme Judicial Court of Maine.

Decided February 17, 1982.

Attorney(s) appearing for the Case

Thomas P. Downing, Jr. (orally), Jon Holder, Portland, for plaintiff.

Norman & Hanson, Stephen W. Moriarty (orally), Robert F. Hanson, Portland, for defendants.

Before McKUSICK, C. J. and GODFREY, ROBERTS, CARTER, VIOLETTE and WATHEN, JJ. and DUFRESNE, A.R.J.

McKUSICK, Chief Justice.

This appeal presents a novel question closely akin to the issue resolved in Liberty Mutual Insurance Co. v. Weeks, Me., 404 A.2d 1006 (1979). The question here is whether an injured worker may proceed against his employer under the Workers' Compensation Act despite his having already settled his claim against a third party tortfeasor arising out of the same injury. By applying the principles declared...

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