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WORKFORCE SAFETY AND INS. v. AUCK

No. 20100330.

797 N.W.2d 325 (2011)

2011 ND 93

WORKFORCE SAFETY AND INSURANCE and Bobcat Company, Respondents and Appellees v. Cynthia AUCK, Claimant and Appellant.

Supreme Court of North Dakota.

May 13, 2011.

Attorney(s) appearing for the Case

Stephen D. Little (argued), Bismarck, ND, for claimant and appellant.

Lolita G. Hartl Romanick (argued), Special Assistant Attorney General, Grand Forks, ND, for respondent and appellee Workforce Safety and Insurance.

Leslie Bakken Oliver (submitted on brief), Bismarck, ND, for respondent and appellee Bobcat/Ingersol Rand.

CROTHERS, Justice.

[¶ 1] Cynthia Auck appeals the district court's order finding Workforce Safety and Insurance ("WSI") and Bobcat Company acted with substantial justification when refusing to pay death benefits to her, precluding an award of attorney fees under section 28-32-50, N.D.C.C. We affirm.

I

[¶ 2] This is the second time these parties are before this Court. The first time, WSI and Bobcat appealed the district court's judgment...

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