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SLAGLE v. PARKER

77-110, 77-218 and 77-499.

370 So.2d 947 (1979)

Rudolph SLAGLE v. Luther PARKER et al. Helen J. HAMRICK et al. v. UNITED STATES PIPE & FOUNDRY CO. et al. Elcer Mae MASON et al. v. Randy ADAMS et al.

Supreme Court of Alabama.

Rehearing Denied May 4, 1979.

Attorney(s) appearing for the Case

Larry S. Vines and Donald G. Beebe, Birmingham, for Rudolph Slagle and Elcer Mae Mason, appellants.

John B. Tally, Jr. and Robert D. Hunter, Birmingham, for appellees.

David D. Wininger, Birmingham, amicus curiae, in behalf of appellants on rehearing.

MADDOX, Justice.

The parties agree that the issues presented in these appeals are:

1. Do the provisions of amendments to the Workmen's Compensation Act which immunize a co-employee against suit for a covered accident apply to wrongful death actions?

2. Does the statute which grants immunity to co-employees violate the equal protection and due process clauses of the Alabama and United States Constitutions?

The facts succinctly stated are:

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