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SCHNEIDER NAT. CARRIERS v. NAT. EMPLOY. CARE SYS.

No. 05-3184.

469 F.3d 654 (2006)

SCHNEIDER NATIONAL CARRIERS, INCORPORATED, Plaintiff-Appellant, v. NATIONAL EMPLOYEE CARE SYSTEMS, INCORPORATED, and Carmelo Menist, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 27, 2006.

Attorney(s) appearing for the Case

Michael J. Cork (argued), Bamberger, Foreman, Oswald & Hahn, Indianapolis, IN, for Plaintiff-Appellant.

Robert D. Emmerson (argued), Stewart & Irwin, Indianapolis, IN, for Defendants-Appellees.

Carmelo Menist, Redkey, IN, pro se.

Before FLAUM, ROVNER and SYKES, Circuit Judges.

SYKES, Circuit Judge.

This case concerns the lien rights of a worker's compensation carrier under Indiana law. An Indiana trucker was injured on the job in an accident with another trucker and received worker's compensation benefits. He then sued the tortfeasor's employer. The worker's compensation carrier initially sought intervention but later withdrew the motion after receiving assurances that its lien or subrogation rights under Indiana law would be protected...

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