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SUMMERS v. COMMAND SYSTEMS, INC.

867 S.W.2d 312 (1993)

Billy Roger SUMMERS and Thelma L. Summers, Plaintiffs-Appellants, v. COMMAND SYSTEMS, INC., Defendant, and Fireman's Fund Insurance Company, Intervenor-Plaintiff-Appellee.

Supreme Court of Tennessee, at Jackson.

November 29, 1993.

Attorney(s) appearing for the Case

James R. Omer, Terrance E. McNabb, Nashville, for plaintiffs-appellants.

Lewis L. Cobb, Jackson, for intervenor-plaintiff-appellee.

OPINION

REID, Chief Justice.

This case presents for review the liability of the employer (and its workers' compensation insurer) for attorney's fees and costs incurred in obtaining a recovery against a third party tortfeasor.

Billy Roger Summers was injured in the scope and course of his employment with MTD Products, Inc. by a truck owned by Command Systems, Inc. MTD's workers' compensation insurance carrier, Fireman's Fund Insurance Company...

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