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ST. PAUL FIRE & MARINE INSURANCE COMPANY v. WOOD

No. 5-4148.

416 S.W.2d 322 (1967)

242 Ark. 879

ST. PAUL FIRE & MARINE INSURANCE COMPANY, Appellant, v. Hershel Wayne WOOD et al., Appellees.

Supreme Court of Arkansas.

Rehearing Denied July 26, 1967.

Attorney(s) appearing for the Case

Wright, Lindsey & Jennings, by Isaac A. Scott, Jr., Little Rock, for appellant.

Rose, Meek, House, Barron, Nash & Williamson, Little Rock, and Murphy & Arnold and H. David Blair, Batesville, for appellees.

BYRD, Justice.

This appeal calls for construction of § 40 of the Workmen's Compensation Act (Ark.Stat.Ann. § 81-1340 [Repl.1960]) to determine whether an employee can settle his common law cause of action in negligence against a tort feasor free of any claims of his employer's Workmen's Compensation carrier, where the settlement documents specifically preserve all rights of the carrier.

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