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SEABOARD COAST LINE R.R. CO. v. SMITH

Nos. 51650, 51649.

359 So.2d 427 (1978)

SEABOARD COAST LINE RAILROAD COMPANY, a Virginia Corporation, Appellant, v. Willie James SMITH, Henry McKinnon, West Robinson Fruit Company, Etc., and Travelers Insurance Company, Appellees. SEABOARD COAST LINE RAILROAD COMPANY, a Virginia Corporation, Appellant, v. Ben BUTLER, Jr., and Edie Maie Butler, His Wife, Henry McKinnon, West Robinson Fruit Company, a Florida Corporation, and Travelers Insurance Company, Appellees.

Supreme Court of Florida.

As Corrected On Denial of Rehearing June 13, 1978.

Attorney(s) appearing for the Case

William H. Davis of Giles, Hedrick & Robinson, Orlando, for appellant.

Janis M. Halker of Gurney, Gurney & Handley, Orlando, for appellees.

PER CURIAM.*

The primary question for decision here is the constitutionality of Section 440.11, Florida Statutes (1975),1 insofar as it grants immunity from suit for contribution by a third party tortfeasor to an employer under the Workmen's Compensation Act when negligence was a proximate cause of the damages suffered by the employee. Appellant also asserts that...

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