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INS. CO. OF NORTH AMERICA v. PHILLIPS

Civ. 6142.

523 So.2d 447 (1988)

INSURANCE COMPANY OF NORTH AMERICA v. Almon Lee PHILLIPS.

Court of Civil Appeals of Alabama.

Rehearing Denied April 14, 1988.

Attorney(s) appearing for the Case

Larry W. Harper of Porterfield, Scholl, Bainbridge, Mims & Harper, Birmingham, for appellant.

M. Clay Alspaugh of Hogan, Smith, Alspaugh, Samples & Pratt, Birmingham, for appellee.

INGRAM, Judge.

This appeal concerns the interpretation and application of Ala.Code 1975, § 25-5-11(e), part of the Alabama workmen's compensation law, which is as follows:

"(e) In any settlement made under this section with a third party by the employee or, in the case of his death, by his dependents, the employer shall be liable for that part of the attorney's fees incurred in the settlement with the third...

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