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MICHIGAN MUT. INS. CO. v. SMOOT

No. CIV.A.00-1026-A.

129 F.Supp.2d 912 (2000)

MICHIGAN MUTUAL INSURANCE COMPANY, Plaintiff, v. Wayne Davis SMOOT, Sr., Debbie Smoot, Ronald M. Cohen, Esquire, Ronald M. Cohen & Associates, P.C., Robert R. Michael, Esquire, and Shadoan & Michael, LLP, Defendants.

United States District Court, E.D. Virginia, Alexandria Division.

December 22, 2000.

Attorney(s) appearing for the Case

Henry Cannon Spalding, III, Sands, Anderson, Marks & Miller, Richmond, VA, for Plaintiff.

Christopher P. Schewe, Alexandria, VA, Thomas Leo Appler, Crews & Hancock, Fairfax, VA, Matthew William Lee, Eccleston and Wolf, Washington, DC, for Defendants.

MEMORANDUM OPINION

LEE, District Judge.

THIS MATTER is before the Court on Defendants Wayne Davis Smoot, Sr. and Debbie Smoot's Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6). The principle issue before the Court is whether a worker/claimant in a personal injury action is required by the Virginia Workers' Compensation Act to reimburse the workers' compensation carrier the amount in benefits previously paid by the carrier to...

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