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LOCHER v. GAREIS

No. C5-87-566.

411 N.W.2d 273 (1987)

Craig W. LOCHER, Respondent, v. Linda M. GAREIS, Respondent, and Crystal Midas Muffler and Northwestern National Insurance Company, Appellants.

Court of Appeals of Minnesota.

September 1, 1987.

Attorney(s) appearing for the Case

Randall J. Fuller, Robert F. Mannella, Babcock, Locher, Neilson & Manella, Anoka, for Locher.

James A. Dahl, Representative, State Farm Ins. Co., Brooklyn Center, for Gareis.

Howard Y. Held, Fitch, Johnson, Larson & Walsh, Minneapolis, for appellants.

Heard, considered and decided by PARKER, P.J., and NIERENGARTEN and MULALLY, JJ.

OPINION

NIERENGARTEN, Judge.

Locher settled a personal injury claim against Linda Gareis, and then moved the court to allocate recoverable and nonrecoverable damages with regard to workers' compensation. The trial court allocated $13,216.35 as recoverable damages and the remaining $36,783.65 as nonrecoverable. The insurance company appeals, claiming Locher agreed to put the proceeds of the settlement through the statutory formula,

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