RIVES, Circuit Judge.
Upon original hearing we construed the Louisiana Statute, Louisiana Statutes Annotated-R.S. 23:1101-1103, providing for the recovery from a third person tort-feasor by an employer who had paid compensation as providing "a kind of legal subrogation" whereby the employer was simply enforcing the rights of the employee. We held that the third person tort-feasor had no right to plead
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