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MONTGOMERY v. MARDIS

Civ. 3162-X.

416 So.2d 1042 (1982)

Rowland MONTGOMERY, d/b/a Montgomery's Supply Company v. Don MARDIS.

Court of Civil Appeals of Alabama.

June 23, 1982.

Attorney(s) appearing for the Case

Luke E. Alexander of Guin, Bouldin, Porch & Alexander, Russellville, for appellant.

Roger H. Bedford of Bedford, Bedford & Rogers, Russellville, for appellee.

BRADLEY, Judge.

This is a workmen's compensation case.

Don Mardis was injured on February 15, 1980 while he was at work. The evidence shows that Mardis fell from a diesel fuel truck, injuring his back. As a result of these injuries, Mardis brought suit against his employer to recover workmen's compensation benefits.

The parties stipulated at trial that the accident had arisen out of and in the scope of Mardis's employment. It appears from the evidence...

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