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MILLER & MILLER CONSTR. CO. v. MADEWELL

No. 2040376.

920 So.2d 571 (2005)

MILLER & MILLER CONSTRUCTION COMPANY, INC. v. Gary Wayne MADEWELL.

Court of Civil Appeals of Alabama.

July 15, 2005.

Attorney(s) appearing for the Case

David M. Wilson of Wilson & Berryhill, P.C., Birmingham, for appellant.

J. Barton Warren of Warren & Simpson, P.C., Huntsville, for appellee.

PITTMAN, Judge.

This is the sixth appeal in this protracted litigation between Miller & Miller Construction Company, Inc. ("the employer"), and Gary Wayne Madewell ("the employee") over the employer's workers' compensation subrogation claim against funds recovered by the employee in a tort action against a third party. In the most recent previous appeal in this case, Miller & Miller Construction Co. v. Madewell, 901 So.2d 733

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