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ELTER v. NORTH DAKOTA WORKERS COMP. BUREAU

Nos. 990007, 990012.

599 N.W.2d 315 (1999)

1999 ND 179

Herbert ELTER, Claimant and Appellant, v. NORTH DAKOTA WORKERS COMPENSATION BUREAU, Appellee, and North Dakota Highway Patrol, Respondent.

Supreme Court of North Dakota.

September 2, 1999.

Attorney(s) appearing for the Case

Dean J. Haas (argued), Dietz, Little & Haas, Bismarck, N.D., for claimant and appellant.

Joseph F. Larson II, Larson Law Firm, Jamestown, N.D., for claimant and appellant.

Lawrence A. Dopson, Special Assistant Attorney General, Bismarck, N.D., for appellee.

MARING, Justice.

[¶ 1] Irene Elter ("Elter") appeals from judgments of the district court affirming the Bureau's denial of survival benefits for her husband's lung cancer she claims was presumptively caused by his work as a highway patrolman, and denying her motion for attorney fees and costs associated with a preliminary appeal in which she prevailed. We affirm the judgment affirming the Bureau's denial of Elter's claim for survivor benefits, but we reverse...

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