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BRAXTON v. DIXIE ELEC. CO-OP., INC.

80-481.

409 So.2d 822 (1982)

Elizabeth BRAXTON, as Administratrix of the Estate of Cora Lee Braxton v. DIXIE ELECTRIC COOPERATIVE, INC., et al.

Supreme Court of Alabama.

January 29, 1982.

Attorney(s) appearing for the Case

Jere L. Beasley of Beasley & Wilson, Montgomery, and Lynn W. Jinks, III, Union Springs, for appellant.

Fred D. Gray of Gray, Seay & Langford, Tuskegee, and Randall C. Morgan of Hill, Hill, Carter, Franco, Cole & Black, Montgomery, for appellee Dixie Elec. Co-op.

Charles B. Paterson of Ball, Ball, Duke & Matthews, Montgomery, and Milton C. Davis, Tuskegee, for appellee Gilmore & Tatge Mfg. Co.

Joe Espy, III of Melton & Espy, Montgomery, for appellee Millers' Mut. Ins. Assoc. of Illinois.

PER CURIAM.

Two issues are presented:

1. Whether a wrongful death action, filed by the only dependent of a deceased employee, who was covered by Workmen's Compensation, survives the death of that dependent.1

2. Whether a wrongful death action may be maintained against the employer's Workmen's Compensation carrier.

We hold that the trial court erred in holding that the wrongful death action did not survive the death...

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