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MITZEL v. EMPLOYERS INS. OF WAUSAU

No. 88-5259.

878 F.2d 233 (1989)

Sherwin MITZEL, Appellant, v. EMPLOYERS INSURANCE OF WAUSAU, a Mutual Company, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 23, 1989.

Attorney(s) appearing for the Case

Ronald Clabuagh, Rapid City, S.D., for appellant.

Thomas G. Fritz, Rapid City, S.D., for appellee.

Before ARNOLD, Circuit Judge, BRIGHT, Senior Circuit Judge, and MAGILL, Circuit Judge.

BRIGHT, Senior Circuit Judge.

Sherwin Mitzel appeals from a district court1 judgment dismissing his cause of action against Employers Insurance of Wausau (Wausau) for the insurer's bad faith refusal to pay workers' compensation benefits and expenses. For reasons discussed below, we affirm.

I. BACKGROUND

Sherwin Mitzel suffered a work-related injury in December 1979 when a small piece of fiberglass lodged under his left...

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