Marvin E. STEWART, Plaintiff,
v.
CRAN-VELA RENTAL CO., INC., Third-Party Defendant-Appellant,
SHELL OIL COMPANY, Defendant-Third-Party Plaintiff-Appellee.
XYZ Insurance Co., Defendant,
State Automobile & Casualty Underwriters, Intervenor.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
April 7, 1975.
April 7, 1975.
Attorney(s) appearing for the Case
Geoffrey H. Longenecker, for defendant-appellant.
Abraham Gerber, New Orleans, La., for North West Ins. Co., amicus curiae.
Edward J. Koehl, Jr., John R. Peters, Jr., New Orleans, La., for defendant-appellee.
Phillip T. Hager, New Orleans, La., for Stewart.
Before BELL, AINSWORTH and RONEY, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
RONEY, Circuit Judge:
In Allen v. Texaco, Inc., 510 F.2d 977 (5th Cir. 1975), we held that a workmen's compensation insurance carrier's waiver of subrogation rights as to a third party precludes the carrier from asserting a right to a compensation lien against the settlement proceeds received by the injured employee when he sues the third party for damages because of his injuries. This case presents this same issue in a slightly different...
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