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ASH v. TRAYNOR

Nos. 990330, 990331.

609 N.W.2d 96 (2000)

2000 ND 75

Arthur ASH, Victor Baumgartner, Simon Bosch, Jack Bullinger, Berndean Coppin, Claude Hudson, Emma Loeb, Reuben Magstadt, William Schell, Esther Schmidt, Dorothy Sigl, Donald Simenson, Elaine Speaks, and Anton Weichel, Claimants and Appellees, v. J. Patrick TRAYNOR, in his Official Capacity as Executive Director of the North Dakota Workers Compensation Bureau, and the State of North Dakota, acting through the North Dakota Workers Compensation Bureau, Appellants.

Supreme Court of North Dakota.

April 10, 2000.

Attorney(s) appearing for the Case

Dean J. Haas (argued), Dietz, Little & Haas, Bismarck, and Joseph F. Larson, II (on brief), Larson Law Firm, Jamestown, for claimants and appellees.

Brent J. Edison, Special Assistant Attorney General, Bismarck, for appellants.

Paul D. Johnson (on brief), North Dakota Trial Lawyers Association, Moorhead, for amicus curiae.

KAPSNER, Justice.

[¶ 1] The Workers Compensation Bureau appealed from a district court judgment reversing a Bureau order denying payment of attorney fees to claimants having fee agreements with their attorneys. We hold the Bureau must pay attorney fees, under N.D.C.C. § 65-02-08, to prevailing claimants who have fee agreements with their attorneys if the agreements require reimbursement to the claimants from the attorney fees paid by the Bureau. We affirm...

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