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HARRIS v. VAUGHAN

Civ. 1747.

373 So.2d 1111 (1979)

Elizabeth B. HARRIS, as surviving widow of Hershel H. Harris, Jr. v. R. E. VAUGHAN, Individually and R. E. Vaughan, d/b/a B & H Sand Co.

Court of Civil Appeals of Alabama.

Rehearing Denied June 27, 1979.

Attorney(s) appearing for the Case

Joseph P. Hughes, Geneva, for appellant.

James W. Kelly of Kelly, Knowles & Lee, Geneva, for appellees.

WRIGHT, Presiding Judge.

This is a workmen's compensation case. The only issue for review is whether the double award penalty provision of § 25-5-8(e), Code of Alabama (1975) is mandatory. We hold that it is and reverse and remand.

The trial court determined that the death of plaintiff's deceased husband was compensable under the provisions of the Alabama Workmen's Compensation Act and made an award in accordance with that act. Plaintiff moved to alter...

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