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MURRAY v. GERMAN MUT. INS. CO.

No. 37,697-CA.

856 So.2d 81 (2003)

Elaine MURRAY, Plaintiff-Appellee, v. GERMAN MUTUAL INSURANCE COMPANY, et al., Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied October 23, 2003.

Attorney(s) appearing for the Case

Noah, Smith & Newman, L.L.P., by Jay B. Mitchell, for Appellant German Mutual Insurance Company.

Casten & Pearce, by Marshall R. Pearce, for Appellant State Farm Mutual Automobile Insurance Company.

Street & Street, by C. Daniel Street, for Appellee Elaine Murray.

Before WILLIAMS, GASKINS and CARAWAY, JJ.

GASKINS, J.

State Farm Mutual Automobile Insurance Company (State Farm), the uninsured motorist carrier of the plaintiff, Elaine Murray, appeals a decision by the trial court finding that the insurance company must pay to the plaintiff's attorney one-third of the amount recovered in the company's subrogation claim against the party who injured the plaintiff. For the following reasons, we reverse the trial court judgment.

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