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SPEAKS v. TRIKORA LLOYD P.T.

No. 87-2461.

838 F.2d 1436 (1988)

R.G. SPEAKS, Plaintiff, Texas Employers' Insurance Association, Intervenor-Appellee, v. TRIKORA LLOYD P.T., In Personam, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 25, 1988.

Attorney(s) appearing for the Case

Kenneth D. Kuykendall, Royston, Rayzor, Vickery & Williams, Houston, Tex., for defendants-appellants.

Charles F. Herd, Jr., Fulbright & Jaworski, Houston, Tex., for intervenor-appellee.

Before CLARK, Chief Judge, JOLLY and JONES, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 25, 1988.

CLARK, Chief Judge:

This case concerns the right of the compensation carrier, Texas Employers' Insurance Association (TEIA), to recover from a third-party defendant, Trikora Lloyd, P.T. (Trikora Lloyd), the part of its compensation lien which exceeds the amount paid by Trikora Lloyd to an injured worker pursuant to a settlement agreement. Trikora Lloyd asserts that absent a showing by TEIA that Trikora...

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