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BUTORI v. BRUCE METCALF SPORTSMAN 66

No. 87-100.

740 P.2d 1126 (1987)

Francis J. BUTORI, Jr., Claimant and Appellant, v. BRUCE METCALF SPORTSMAN 66, Employer, and State Compensation Insurance Fund, Defendant and Respondent.

Supreme Court of Montana.

Decided August 11, 1987.

Attorney(s) appearing for the Case

Leonard J. Haxby, Butte, for claimant and appellant.

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

HUNT, Justice.

This is an appeal from the Workers' Compensation Court, State of Montana. Claimant alleges error by the court in holding that defendant State Compensation Insurance Fund (State Fund) is entitled to 50 percent subrogation against his entire third party recovery.

We affirm this order of the Workers' Compensation Court.

The issues presented on appeal are:

1. Whether the Workers' Compensation Court erred in deciding that the State...

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