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STATE v. E. W. WYLIE CO.

No. 7288.

58 N.W.2d 76 (1953)

STATE for Benefit of WORKMEN'S COMPENSATION FUND et al. v. E. W. WYLIE CO.

Supreme Court of North Dakota.

March 19, 1953.

Attorney(s) appearing for the Case

Sullivan, Kelsch & Scanlon, Mandan, for appellant.

J. K. Murray, Bismarck, Paul M. Sand, Asst. Atty. Gen., for respondents.

GRIMSON, Judge.

This is a suit for damages brought by the State of North Dakota for the benefit of the Workmen's Compensation Fund of North Dakota and Ellsworth La Duke against the E. W. Wylie Company, a foreign corporation, and Rolly Hull under Sec. 65-0109 of the Workmen's Compensation Act, as amended by Chap. 355, S.L. 1949, which provides:

"When an injury or death for which compensation is payable under the provisions of this title shall have been sustained...

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