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ENFIELD EX REL. ENFIELD v. A.B. CHANCE CO.

No. 99-3369.

228 F.3d 1245 (2000)

Jerry Allen ENFIELD, by and through his conservator and natural mother, Mae ENFIELD, Plaintiff-Appellee, v. A.B. CHANCE COMPANY, a subsidiary of Emerson Electric Company; Emerson Electric Co., Defendants, and The City of Goodland, Kansas, Intervenor-Appellant.

United States Court of Appeals, Tenth Circuit.

October 17, 2000.

Attorney(s) appearing for the Case

Richard L. Friedeman, of Watkins, Calcara, Rondeau, Friedeman, Bleeker, Glendenning & McVay, Chtd., Great Bend, Kansas, for the appellant.

David A. Hoffman (Donald W. Vasos with him on the brief), of Vasos Law Offices, Fairway, Kansas, for the appellee.

Before BRORBY, POLITZ, and BRISCOE, Circuit Judges.

BRISCOE, Circuit Judge

The City of Goodland, Kansas (the City), appeals the district court's order interpreting portions of the Kansas workers' compensation subrogation statute, Kan. Stat. Ann. § 44-504. When an employer pays workers' compensation benefits and/or medical aid to an injured employee, § 44-504(b) affords the employer a subrogation interest in amounts recovered by the employee from a third-party tortfeasor responsible for the employee's injuries...

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