BOYER, Acting Chief Judge.
By this appeal from a final summary judgment in favor of the defendant in a tort action we are called upon to determine whether the provisions of F.S. 440.39(1) are applicable so as to allow the plaintiff in the trial court, appellant here, to maintain a common-law action despite having received and accepted Workmen's Compensation benefits from his employer for the injuries which he sustained as a result of the accident giving rise to this...
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