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MAXEY v. DEPT. OF LABOR AND INDUSTRIES

No. 56525-2.

114 Wn.2d 542 (1990)

789 P.2d 75

CERTIFICATION FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WASHINGTON IN WILLIAM C. MAXEY, ET AL, Plaintiffs, v. THE DEPARTMENT OF LABOR AND INDUSTRIES, ET AL, Defendants.

The Supreme Court of Washington, En Banc.

April 12, 1990.

Attorney(s) appearing for the Case

Kenneth O. Eikenberry, Attorney General, and Stephen A. Eggerman, Assistant, for defendant State.

John E. Lamp, United States Attorney; Gary R. Allen, David I. Pincus, Howard M. Soloman, Carroll D. Gray, and William S. Estabrook, Assistant Attorneys of the United States; and Shirley D. Peterson, Assistant Attorney General, for defendant Internal Revenue Service.

BRACHTENBACH, J.

This case arises from a question of law certified by the United States District Court for the Eastern District of Washington. RCW 2.60; RAP 16.16. The issue involves competing claims by the State Department of Labor and Industries (Department) and the Internal Revenue Service (IRS). The claims are against a portion of the damage moneys recovered in a third party action pursuant to RCW 51.24.030 by an injured...

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