TOMLINSON, Justice.
The two questions involved in this case are (1) whether the injured employee is judicially estopped from maintaining this workmen's compensation suit and (2) if so, whether the employer, Sturkie, is entitled to credit for the amount received by the employee, Bottoms, in a common law action based on tort, such payment having been received under Bottoms' covenant not to sue.
Petitioner, Bottoms, and a man named Peacher were both employed...
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