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GENTRY v. FLINT ENGINEERING AND CONST. CO., INC.

No. 95-50207, Summary Calendar.

76 F.3d 95 (1996)

Melvin GENTRY, Individually and as Personal Representative of the Estate of Michael Lee Gentry, Deceased; Betty Gentry, Plaintiffs, and Catherine Johnson, as Natural Guardian of the Person of and Legal Guardian of the Estate of and as Next Friend of Jordan Elizabeth Gentry, a Minor, Plaintiff-Appellee, v. FLINT ENGINEERING AND CONSTRUCTION COMPANY, INC.; Sunbelt Tractor & Equipment Company, Defendants, and Planet Insurance Company, Movant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 28, 1996.

Attorney(s) appearing for the Case

Carol P. Lomax, Branton & Hall, San Antonio, TX, Dudley Page McClellan, Austin, TX, for plaintiff-appellee.

Harvey Goldwater Joseph, Godwin & Carlton, Dallas, TX, for movant-appellant.

Before WIENER, PARKER and DENNIS, Circuit Judges.

PER CURIAM:

This case presents the issue of whether an employer constitutes a "third-party" for purposes of the subrogation provision of the Texas workers' compensation statute. Tex. Labor Code § 417.001-417.002 (West Pamphlet 1995). Following the death of Michael Gentry in a workplace-related accident, the appellant, Planet Insurance, paid $66,000 in workers' compensation benefits to the minor child of Mr. Gentry. The...

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