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POOLE v. ELLARD CONTRACTING CO., INC.

Civ. 6293.

527 So.2d 1327 (1988)

Jack POOLE, Jr. v. ELLARD CONTRACTING COMPANY, INC.

Court of Civil Appeals of Alabama.

Rehearing Denied May 25, 1988.

Attorney(s) appearing for the Case

William J. Baxley and Kearney Dee Hutsler III of Baxley, Dillard & Dauphin, Birmingham, for appellant.

J. Fred Wood, Jr., Russell Q. Allison, and Terry McElheny of Dominick, Fletcher, Yeilding, Wood & Lloyd, Birmingham, for appellee.

HOLMES, Judge.

This is a workmen's compensation case.

The employee filed suit against his employer for workmen's compensation benefits claimed to be due from an injury occurring on December 27, 1984. Following ore tenus proceedings, the trial court found that the plaintiff's disability was caused, not by an injury occurring on December 27, 1984, but by an injury which had occurred in February 1983. Since the plaintiff's suit had not been filed within...

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