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ELLIS v. KENWORTH MOTOR TRUCK CO.

Civ. A. No. CA-3-76-1191-G.

466 F.Supp. 441 (1979)

Nancy Marian ELLIS, Individually and as next friend of Marion Sue Ellis, Jarrod Lee Ellis, Ina May Ellis and Henry Hobart Ellis, Minors and Transport Indemnity Company (Intervenor) v. KENWORTH MOTOR TRUCK COMPANY, Paccar, Inc., Beall Equipment Corporation of Colorado, Temptee-Beall, Inc., and Temptee Industries, Inc. v. TIONA-BETTS, INC.

United States District Court, N. D. Texas, Dallas Division.

March 9, 1979.

Attorney(s) appearing for the Case

Foster Reese, III, Offices of Windle Turley, Dallas, Tex., for plaintiff.

H. C. McCracken, McCracken, Shields & Taylor, Carrollton, Tex., for intervenor Transport Indemnity Co.

J. Carlisle DeHay, Jr., Dallas, Tex., for Temptee-Beall & Temptee Industries, Inc.

W. Richard Davis, Dallas, Tex., for Paccar & Kenworth Motor Truck Co.

Robert G. Vial, Vial, Hamilton, Koch, Tubb, Knox & Stradley, Dallas, Tex., for Beall Equipment.

R. B. Cousins, Thompson, Coe, Cousins & Irons, Dallas, Tex., for third party Tiona-Betts, Inc.

ORDER

PATRICK E. HIGGINBOTHAM, District Judge.

I.

This wrongful death action was, except for the issue discussed here, terminated by a settlement approved by this court on October 2, 1978. Of the $140,000 total settlement, $16,740 was apportioned to the intervenor Transport Indemnity Company, the deceased's workers compensation carrier. This $16,740 represents the amount paid by the intervenor in the form of worker's compensation benefits, and...

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