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SCHWAN'S SALES ENTERPRISES, INC. v. HITZ

No. S-01-494.

640 N.W.2d 15 (2002)

263 Neb. 327

SCHWAN'S SALES ENTERPRISES, INC., and Liberty Mutual Insurance Company, Appellants, v. Robert J. HITZ and State of Nebraska, Second Injury Fund, Appellees.

Supreme Court of Nebraska.

March 1, 2002.

Attorney(s) appearing for the Case

Thomas D. Wulff, of Welch, White & Wulff, Omaha, for appellants.

Don Stenberg, Attorney General, and Hobert B. Rupe for appellee State of Nebraska, Second Injury Fund.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

CONNOLLY, J.

Schwan's Sales Enterprises, Inc. (Schwan's), and Liberty Mutual Insurance Company (Liberty Mutual) appeal from a decision of a review panel of the Nebraska Workers' Compensation Court determining that the State of Nebraska, Second Injury Fund, was not liable to Robert J. Hitz, who was injured in the course of his employment with Schwan's. The trial judge determined that the Second Injury Fund was liable because Hitz had an amputation below the right knee...

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