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CRYDER v. OXENDINE

No. 93-9267.

24 F.3d 175 (1994)

Denise CRYDER, Plaintiff, James Michael Long, Plaintiff-Appellant, v. James OXENDINE, Individually and in his capacity as Chairman of the Georgia State Board of Workers' Compensation, Defendant-Appellee, St. Paul Fire & Marine Insurance Company, Dianne Carter, Individually and in her capacity as senior claims adjuster for St. Paul Fire and Marine Insurance Co., Defendants, NATLSCO, and Kemper Insurance Company, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 29, 1994.

Attorney(s) appearing for the Case

Laurence L. Christensen, Marietta, GA, Allan Leroy Parks, Jr., Harlan Stuart Miller, III, Kirwan, Goger, Chesin & Parks, C. Lawrence Jewett, Jr., Office of C. Lawrence Jewett, Atlanta, GA, for appellant.

Jeff L. Milsteen, Office of State Atty. Gen., Elaine Smith Newell, Atlanta, GA, for James Oxendine.

Sidney F. Wheeler, Stephen Holger Sparwath, Neal Henry Howard, Long, Weinberg, Ansley & Wheeler, Atlanta, GA, for St. Paul Fire & Marine and Dianne Carter.

Robert R. Potter, W. Allen Evans, Swift, Currie, McGhee & Hiers, Atlanta, GA, for NATLSCO and Kemper Ins. Co.

Before ANDERSON and DUBINA, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

ESCHBACH, Senior Circuit Judge:

Plaintiff James Michael Long appeals from the district court's dismissal of his 42 U.S.C. § 1983 action challenging the constitutionality of § 34-9-221(i) of the Georgia Workers' Compensation Act ("Act"), Ga.Code Ann. § 34-9-221(i) (Michie 1993). We agree with the district court that the challenged provision of the Act comports with the requirements of due process under the Fourteenth Amendment and therefore affirm.<...

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