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McDONALD v. E. J. LAVINO COMPANY

No. 28402.

430 F.2d 1065 (1970)

Curtis McDONALD, Plaintiff-Appellee, v. E. J. LAVINO COMPANY, Defendant-Appellee, v. UNITED STATES FIDELITY & GUARANTY COMPANY, Workmen's Compensation Carrier, Subrogee and Movant to Intervene-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 20, 1970.

Attorney(s) appearing for the Case

Lawrence W. Rabb, Rabb & Corrigan, Meridian, Miss., for appellant.

Robert P. Upchurch, Livingston, Ala., Hugh W. Roberts, Jr., Sam M. Phelps, Phelps & Owens, Tuscaloosa, Ala., for appellee.

Before COLEMAN, GOLDBERG and MORGAN, Circuit Judges.

GOLDBERG, Circuit Judge.

This appeal is the result of a drama played out in an Alabama courtroom against the backdrop of a Mississippi statute. The dramatis personae included an injured employee, his employer's workmen's compensation carrier, a third-party tortfeasor, and lawyers who were never able to reach agreement on how to settle the compensation carrier's subrogation interest. The issue now before us arose when the trial court denied the compensation carrier...

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