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MILLER AND MILLER CONSTR. CO. v. MADEWELL

2030509.

901 So.2d 733 (2004)

MILLER AND MILLER CONSTRUCTION COMPANY, INC. v. Gary Wayne MADEWELL.

Court of Civil Appeals of Alabama.

November 19, 2004.

Attorney(s) appearing for the Case

David M. Wilson of Wilson & Berryhill, P.C., Birmingham, for appellant.

J. Barton Warren of Warren & Simpson, P.C., Huntsville, for appellee.

PITTMAN, Judge.

The saga continues. For the fifth time, we are confronted with an appeal in which it is contended that the trial court has erred in determining a claim made by Miller and Miller Construction Company, Inc. ("the employer"), to subrogation as to funds recovered by its employee, Gary Wayne Madewell ("the employee"), in a separate third-party tort action. See Miller & Miller Constr. Co. v. Madewell, 736 So.2d 1098

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