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MARRIOTT IN-FLIGHT SERVICES v. ARZA

No. 87-328.

528 So.2d 135 (1988)

MARRIOTT IN-FLIGHT SERVICES, Etc., Appellants, v. Luis ARZA and Norma Arza, His Wife, Appellees.

District Court of Appeal of Florida, Third District.

July 19, 1988.

Attorney(s) appearing for the Case

Miller, Hodges, Kagan & Chait and H. Jack Miller, for appellants.

Orlando R. Ruiz and George W. Chesrow, for appellees.

Before SCHWARTZ, C.J., and BARKDULL and FERGUSON, JJ.

ON MOTION FOR REHEARING

PER CURIAM.

The appellants' motion for rehearing is granted. Pursuant thereto, the opinion herein dated June 7, 1988, is set aside and the following opinion is substituted in its place:

The order under review, which struck a claim of compensation lien filed by the employer-carrier in a medical malpractice action arising in the course of the plaintiff's employment, although entered in accordance with the then controlling decisions...

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