Legal Opinion

Jon Brian Lyles, Employers Mutual Casualty Company, Intervening v. American Hoist & Derrick Company

Court of Appeals for the Tenth Circuit

Decided January 30, 1980No. 78-1383PublishedCited by 29 opinions

1Opinion of the Court

BARRETT, Circuit Judge.

Employers Mutual Casualty Company (Employers), as intervening workmen’s compensation insurer, appeals from an “Order Apportioning Settlement Funds” (Order) in this litigation anchored to diversity jurisdiction. The sole issue before us is whether the District Court properly apportioned the $425,000.00 settlement fund by awarding the plaintiff-appellee, Jon Brian Lyles (Lyles), $399,930.00 and Employers $25,070. The latter sum was awarded Employers in full satisfaction of its statutory subrogation claim and assignment of $63,-664.64. !

The parties agreed to a settlement…

2Cases cited14 opinions

  1. Jaffke v. DunhamSupreme Court of the United States · 1957
  2. Rasmussen Drilling, Inc., a Colorado Corporation Licensed to Do Business in Wyoming v. Kerr-Mcgee Nuclear Corporation and Kerr-Mcgee CorporationCourt of Appeals for the Tenth Circuit · 1978
  3. City of Aurora, Colorado, and the City of Colorado Springs, Colorado v. Bechtel CorporationCourt of Appeals for the Tenth Circuit · 1979
  4. Alfred Francia and Gennaro Ferrara, and Cross-Appellants v. Patrick M. White, Individually and as Sheriff of Sandoval County, and Cross-AppelleeCourt of Appeals for the Tenth Circuit · 1979
  5. Carolyn S. Volis v. Puritan Life Insurance CompanyCourt of Appeals for the Tenth Circuit · 1977

9 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. McLINN v. FJORDCourt of Appeals for the Ninth Circuit · 1984
  2. Wheeler v. John Deere Co.Court of Appeals for the Tenth Circuit · 1991
  3. Federal Trade Commission v. Accusearch Inc.Court of Appeals for the Tenth Circuit · 2009
  4. Evelyn Hill v. Irene Ibarra, in Her Official Capacity the Denver Department of Social Services Mary Krane, in Her Official CapacityCourt of Appeals for the Tenth Circuit · 1992
  5. Prettyman v. Halliburton Co.Supreme Court of Oklahoma · 1992

24 more not listed; retrieve them via the Exa API.

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