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WILSON v. FRENCH

601 S.W.2d 919 (1980)

Mr. & Mrs. Howard O. WILSON, Appellants, v. Frank FRENCH, James Prigden and Ronald Butler, d/b/a P & B Welding and Fabricating and Serodino, Inc., Appellees.

Supreme Court of Tennessee.

July 7, 1980.

Attorney(s) appearing for the Case

B.B. Guthrie, Guthrie & Disheroon, Chattanooga, for appellants; Paul W. Sorrick, Jr., Chattanooga, of counsel.

Charles W. Lusk, Hall, Haynes, Lusk & Foster, Strang, Fletcher, Carriger, Walker, Hodge & Smith, Chattanooga, for appellees.

OPINION

FONES, Justice.

The issue in this case is whether Serodino, Inc.'s failure to file with the Commissioner of Labor evidence of compliance with the insuring provisions of the workmen's compensation act was the result of a refusal or wilful neglect that would entitle plaintiff Wilson to pursue a common-law action.

Wilson sued P & B Welding and Fabricating and Serodino, Inc. alleging benefits under the workmen's compensation laws and

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