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MIDWEST NEUROSURGERY v. STATE FARM INS.

Nos. A-02-559, A-03-076.

673 N.W.2d 228 (2004)

2 Neb.App. 328

MIDWEST NEUROSURGERY, P.C., appellant, v. STATE FARM INSURANCE COMPANIES, appellee. Debbie Lundin, appellee, v. Midwest Neurosurgery, P.C., appellant.

Court of Appeals of Nebraska.

January 6, 2004.

Attorney(s) appearing for the Case

Gregory C. Scaglione, Christopher J. Basilevac, and Julie A. Schultz, of Koley Jessen, P.C., L.L.O., Omaha, for appellant.

David C. Mullin, of Fraser, Stryker, Meusey, Olson, Boyer & Bloch, P.C., Omaha, for appellee State Farm Insurance Companies.

Joseph B. Muller, of Law Offices of Ronald J. Palagi, P.C., Omaha, for appellee Debbie Lundin.

HANNON and INBODY, Judges, and BUCKLEY, District Judge, Retired.

HANNON, Judge.

INTRODUCTION

These consolidated appeals involve a claim by a physicians' group, Midwest Neurosurgery, P.C. (Midwest), to part of the proceeds of a settlement between Debbie Lundin, its patient, and State Farm Insurance Companies (State Farm) for Lundin's tort claim for injuries sustained in an automobile collision with an insured of State Farm. Midwest supplied medical services to Lundin that were billed at $23,193.40, but pursuant to an employee...

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