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CITY OF DALTON v. GENE ROGERS CONST. CO.

No. A96A1013.

479 S.E.2d 171 (1996)

223 Ga. App. 819

CITY OF DALTON v. GENE ROGERS CONSTRUCTION COMPANY.

Court of Appeals of Georgia.

December 5, 1996.

Attorney(s) appearing for the Case

Leitner, Williams, Dooley & Napolitan, Sean A. Hunt, David W. Noblit, Chattanooga, TN, for appellant.

Bennett & Hamilton, Hubert E. Hamilton III, Rossville, Finley & Buckley, Timothy J. Buckley III, Atlanta, for appellee.

ANDREWS, Judge.

The City of Dalton appeals the trial court's order granting Gene Rogers Construction Company's motion for summary judgment. The City argues on appeal that the trial court erred in finding its third party indemnity action against Rogers Construction under the High-voltage Safety Act, OCGA § 46-3-30 et seq., was barred by the exclusive remedy provision of the Workers' Compensation Act. We disagree and affirm the judgment of the trial court.

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