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IN RE DECORATOR INDUSTRIES, INC.

No. 92-6381.

980 F.2d 1371 (1992)

In re DECORATOR INDUSTRIES, INC., a corporation; Michael Solomon, an individual; Robin Johnson, an individual, Petitioners.

United States Court of Appeals, Eleventh Circuit.

December 17, 1992.

Attorney(s) appearing for the Case

John W. Clark, Jr., and Amy K. Myers, Clark & Scott, PC, Birmingham, Ala., Terrence H. Murphy, Klett, Lieber, Rooney & Schorling, Pittsburgh, Pa., for petitioners.

H. Carey Walker, John F. Whitaker, Sadler, Sullivan, Herring & Sharp, P.C., Birmingham, Ala., for Lillie Sue Carter.

Timothy A. Palmer, Lange, Simpson, Robinson & Somerville, Birmingham, Ala., for BCBS of NC.

Cecil H. Macoy, Jr., and William A. Robinson, Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham, Ala., for John Alden Life Ins. Co.

Before BIRCH, Circuit Judge, JOHNSON, Senior Circuit Judge, and THOMAS, Senior District Judge.

JOHNSON, Senior Circuit Judge:

Petitioners Michael Solomon, Robin Johnson and Decorator Industries, Inc. ("Decorator") petition this Court for a writ of mandamus.

I. STATEMENT OF FACTS

Lillie Sue Carter was employed by Decorator when she underwent surgery in July 1989.1 After surgery, she received medical permission to return to work, but before she could return to work, Decorator laid her off. Decorator informed her...

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