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BUTLER v. SUPER VALU STORES, INC.

Civ. Nos. C-85-46-G, C-85-88-G.

633 F.Supp. 1164 (1986)

James Ray BUTLER v. SUPER VALU STORES, INC. and Gary Wayne Richardson. CHARLES ED BURRUSS, INC. v. SUPER VALU STORES, INC. and Gary Wayne Richardson.

United States District Court, N.D. Georgia, Gainesville Division.

April 24, 1986.

Attorney(s) appearing for the Case

Douglas E. Smith, Gainesville, Ga., for Butler.

Alexander H. Booth, Atlanta, Ga., for Super Valu & Richardson.

T. Cullen Gilliland, Atlanta, Ga., for Burruss.

ORDER

O'KELLEY, District Judge.

An issue has arisen in the instant action concerning whether defendants may set off workers' compensation benefits paid to plaintiff James Butler by his employer, plaintiff Charles Ed Burruss, Inc. The court has reviewed letter briefs submitted by the parties, and finds that defendants may set off workers' compensation benefits under certain circumstances.

Recent Georgia cases are not directly on point. In Williams...

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