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DRAKE v. REILE'S TRANSFER & DELIVERY, INC.

No. C5-00-1.

613 N.W.2d 428 (2000)

Danil J. DRAKE, et al., Respondents, v. REILE'S TRANSFER & DELIVERY, INC., Defendant, and The Minnesota Workers' Compensation Assigned Risk Plan, as administered by Wausau Insurance Company, intervenor, Appellant.

Court of Appeals of Minnesota.

July 3, 2000.

Attorney(s) appearing for the Case

Steven J. Cahill, Cahill & Marquart, P.A., Moorhead, MN (for respondents).

R.B. McLarnan, James E. Nicolai, McLarnan, Hannaher, Vaa & Skatvold, P.L.L.P., Moorhead, MN (for defendant).

Dale J. Evensen, Michael D. Barrett, Cousineau, McGuire & Anderson, Chartered, Minneapolis, MN (for appellant).

Considered and decided by KALITOWSKI, Judge, KLAPHAKE, Judge, and FOLEY, Judge.

OPINION

KALITOWSKI, Judge.

Appellant Wausau Insurance Company challenges the district court's order granting respondents' posttrial petition for an allocation of proceeds from the judgment in their third-party tort action pursuant to Henning v. Wineman, 306 N.W.2d 550 (Minn.1981), arguing that as a matter of law respondents were required to allocate the judgment under the statutory formula in Minn.Stat. § 176...

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