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ELWELL v. AMERICAN SMELTING AND REFINING

No. 85-22.

711 P.2d 819 (1985)

Alfred M. ELWELL, Claimant and Appellant, v. AMERICAN SMELTING AND REFINING, INC., (ASARCO), Employer, Defendant and Respondent.

Supreme Court of Montana.

Decided December 31, 1985.

Attorney(s) appearing for the Case

Utick, Grosfield & Uda, Joan A. Uda, Helena, for claimant and appellant.

Hughes, Kellner, Sullivan & Alke, Stuart L. Kellner, Helena, for employer, defendant and respondent.

SHEEHY, Justice.

Alfred Elwell appeals from a December 12, 1984, judgment of the Workers' Compensation Court that determined Elwell's employer, ASARCO, was entitled to subrogation against Elwell's third party settlement from Anthony Strainer, a co-employee. The judgment of the Workers' Compensation Court is remanded for further proceedings.

The parties agree on the following facts:

ASARCO is a self-insured employer under Compensation Plan 1 of the...

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