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HOLLIDAY v. C. T. THACKSTON SAND & GRAVEL CO.

Civ. 1460.

361 So.2d 13 (1978)

Myrtle H. HOLLIDAY, Administratrix of the Estate of James Daniel Holliday, Deceased v. C. T. THACKSTON SAND AND GRAVEL COMPANY et al.

Court of Civil Appeals of Alabama.

July 12, 1978.

Attorney(s) appearing for the Case

Richard A. Lawrence, Montgomery, for appellant.

Charles E. Porter, Montgomery, for appellees.

HOLMES, Judge.

This is a workmen's compensation case.

The trial court granted the employer's motion for summary judgment. The employee appeals and we affirm.

The issue on appeal, as stated by the employee in a well reasoned brief, is whether article 2 or article 3 of Alabama's Workmen's Compensation Act (Code of Ala.1975, § 25-5-1 et seq.), is applicable.

We find, as did the trial court, article 3 to be applicable and affirm.

The...

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