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SORUM v. RIEDER AND CO.

No. 82-392.

666 P.2d 1221 (1983)

Donald R. SORUM, (Fatal), Delores P. Sorum, personal representative for the Estate of Denise Sorum Matz and Lee Ann Getten as children of deceased, Claimant and Appellant, v. RIEDER AND COMPANY, Employer, and American Hardware Mutual, Defendant and Respondent.

Supreme Court of Montana.

Decided July 14, 1983.

As Amended August 1, 1983.

Attorney(s) appearing for the Case

Frisbee, Moore & Stufft, John P. Moore argued, Cut Bank, for claimant and appellant.

Marra, Wenz, Johnson & Hopkins, Thomas Marra and Charles Johnson argued, Great Falls, for defendant and respondent.

SHEEHY, Justice.

Claimants Sorum appeal from an order of the Workers' Compensation Court awarding 100% subrogation to American Hardware Mutual in the proceeds of a third-party settlement of tort claims achieved by Sorum. American Hardware cross-appeals from the application by the Workers Compensation Court of the Swanson rule (Swanson v. Champion International Corporation (1982), Mont., 646 P.2d 1166, 39 St.Rep. 639...

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