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STANTON v. HILLS MATERIALS CO.

Nos. 19228, 19229.

553 N.W.2d 793 (1996)

1996 SD 109

Emlon L. STANTON, Claimant and Appellee, v. HILLS MATERIALS COMPANY, Employer and Appellant, and Maryland Casualty Company, Insurer and Appellant.

Supreme Court of South Dakota.

Decided August 28, 1996.

Rehearing Denied September 25, 1996.

Attorney(s) appearing for the Case

James D. Leach, Viken, Viken, Pechota, Leach & Dewell, Rapid City, for claimant and appellee.

Benjamin J. Eicher, Wallahan, Banks & Eicher, Rapid City, for appellants.

AMUNDSON, Justice.

[¶ 1] Hills Materials Company and Maryland Casualty Company (Employer) appeal a lump-sum award of attorney fees to Emlon L. Stanton (Employee), which was granted without notice to them. Employee filed a notice of review as to the denial of prejudgment interest. We reverse the award of lump-sum attorney fees and remand for rehearing on this issue.

FACTS

[¶ 2] Employee was a seasonal construction worker for Employer. On...

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