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DIAL v. HARTFORD ACC. AND INDEM. CO.

No. 88-4472 Summary Calendar.

863 F.2d 15 (1989)

James C. DIAL, Sr., Plaintiff-Appellant, v. The HARTFORD ACCIDENT AND INDEMNITY COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 12, 1989.

Attorney(s) appearing for the Case

David L. Walker, Batesville, Miss., for plaintiff-appellant.

S.T. Rayburn, David D. O'Donnell, Oxford, Miss., for defendant-appellee.

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

CLARK, Chief Judge:

James C. Dial brought this action for a tortious breach of contract against his employer's workers' compensation carrier. On the motion of the insurer, the United States District Court for the Northern District of Mississippi dismissed the complaint without prejudice because Dial's petition to the Mississippi Workers' Compensation Commission, which has exclusive jurisdiction to decide the underlying contract claim, is still pending. We affirm....

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