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SOUTHERN v. PLUMB TOOLS, A DIV. OF O'AMES CORP.

No. 81-7103.

696 F.2d 1321 (1983)

Johnny L. SOUTHERN, Plaintiff-Appellant, Liberty Mutual Insurance Company, Intervenor-Appellee, v. PLUMB TOOLS, A DIVISION OF O'AMES CORPORATION, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 3, 1983.

Attorney(s) appearing for the Case

Francis H. Hare, Jr., P.C., Birmingham, Ala., for plaintiff-appellant.

Sadler, Sadler, Sullivan, Sharp & Stutts, Eugene P. Stutts, Birmingham, Ala., for defendant-appellee.

B. Boozer Downs, Jr., Davies, Williams & Wallace, Birmingham, Ala., for Liberty Mut. Ins.

Before RONEY and KRAVITCH, Circuit Judges, and PITTMAN, District Judge.

PER CURIAM:

This case involves a suit against a third-party tortfeasor by an employee injured on the job. On appeal we hold that the district court erred, under Alabama law, by refusing to limit the participation at trial of the intervening workmen's compensation carrier and by allowing the jury to learn that the employee had received workmen's compensation benefits, and that such was not harmless error.

The appellant...

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