HOWARD BY LEE v. ALFREY

No. 82-8191.

697 F.2d 1006 (1983)

Lisa Kay HOWARD, by next friend and mother, Brenda Howard LEE, and Laura Michelle Howard, by next friend and mother, Brenda Howard Lee; Mary A. Parris, Widow of Allie Parris, deceased; John Howard and Brenda Howard Lee, as Joint Administrators of the Estate of Ronald Howard, Plaintiffs-Appellants, v. Paul M. ALFREY and Duff's Enterprises, Inc., Defendants, Parris Roofing and Sheet Metal Company and American Casualty Company of Reading, Pennsylvania, Intervenors-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 10, 1983.


Attorney(s) appearing for the Case

E. Lamar Gammage, Jr., Cedartown, Ga., for plaintiffs-appellants.

Smith, Shaw, Maddox, Davidson & Graham, William E. Davidson, Jr., C. Wade Monk, Rome, Ga., for intervenors-appellees.

Before HILL and VANCE, Circuit Judges, and TUTTLE, Senior Circuit Judge.


JAMES C. HILL, Circuit Judge:

This appeal asks us to determine whether a workers' compensation insurer is entitled to subrogation rights granted under Tennessee law when the insurer makes initial direct payments consistent with the Tennessee award schedule, but it is later determined that the award is payable under Georgia law. Georgia does not allow subrogation in this context. The district court ruled that Georgia courts would recognize the insurer's subrogation...

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