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DESKINS v. BOLTIN

No. 2283.

454 S.E.2d 322 (1994)

Billy DESKINS, Respondent, v. Wallace BOLTIN and MSI Construction Co., Inc., Appellants.

Court of Appeals of South Carolina.

Decided December 28, 1994.

Rehearing Denied February 7, 1995.

Attorney(s) appearing for the Case

Heyward E. McDonald and Robert M. Cook, II, of McDonald, McKenzie, Fuller, Rubin & Miller, Columbia, for appellants.

D. Michael Kelly, of Suggs & Kelly, Columbia, for respondent.

PER CURIAM:

Wallace Boltin and MSI Construction Co., Inc. appeal the denial of their motion to dismiss the negligence action brought against them by Billy Deskins. Boltin and MSI moved pursuant to Rule 12(b)(1), SCRCP, asserting the circuit court lacked subject matter jurisdiction over Deskins's claim because the workers' compensation act provided Deskins with an exclusive remedy. We affirm.

We entertain some doubt that Boltin and MSI can immediately appeal...

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