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ACB TRUCKING, INC. v. GRIFFIN

Record No. 1492-86-3.

365 S.E.2d 334 (1988)

ACB TRUCKING, INC. v. William A. GRIFFIN.

Court of Appeals of Virginia.

February 16, 1988.

Attorney(s) appearing for the Case

John P. Grove, Richard D. Lucas (Woods, Rogers & Hazlegrove, Roanoke, on brief), for appellant.

William A. Julias, Harrisonburg and Walter Lee Bailey, Jr., Memphis, Tenn., for appellee.

Present: KOONTZ, C.J., and COLEMAN and MOON, JJ.

MOON, Judge.

Pursuant to Code § 65.1-65 the Industrial Commission awarded benefits to certain surviving dependents of William A. Griffin. Appellant, ACB Trucking, Inc., asks that we reverse awards in favor of Griffin's stepson, Malcolm, and his natural child, Demerio, upon the ground that Griffin's estate had already received one full recovery in a third party wrongful death action. In the alternative, ACB asks that we reduce the amount of the awards to Malcolm...

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