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M.W. ETTINGER TRANSFER v. SCHAPER MFG.

No. C7-91-1609.

494 N.W.2d 29 (1992)

M.W. ETTINGER TRANSFER & LEASING COMPANY and Fireman's Fund Insurance Company, Petitioners, Appellants, v. SCHAPER MANUFACTURING, INC., Respondent.

Supreme Court of Minnesota.

Rehearing Denied March 4, 1993.

Attorney(s) appearing for the Case

Lance B. Nyberg, Baukol, Nyberg & Thompson, St. Louis Park, for appellants.

Barbara A. Burke, Michael D. Barrett, Cousineau, McGuire & Anderson, Chartered, Minneapolis, for respondent.

Heard, considered and decided by the court en banc.

YETKA, Justice.

This case arises on Ettinger's appeal of a decision of the court of appeals reversing the trial court holding that the amount Ettinger is to recover from Schaper in a subrogation action pursuant to Minnesota's workers' compensation third-party statute, Minn.Stat. § 176.061 (1990), was equivalent to the amount of compensation benefits Ettinger paid the employee and also reversing the trial court's refusal to submit the issue of Ettinger's comparative...

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