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042090P.pdf   09/02/2005  Carroll Deal  v.  Fremont Indemnity
   U.S. Court of Appeals Case No:  04-2090
                          and No:  04-3404
   Eastern District of Arkansas   
   [PUBLISHED] [Gruender, Author, with Melloy and Colloton, Circuit 
   Judges] 
   Civil case - Insurance. District court was required to apply Arkansas 
   Supreme Court's decision holding that an insurance carrier's statutory 
   subrogation lien under Ark. Code Sec. 11-9-410 is not absolute; 
   application of the Arkansas Supreme Court's decision did not violate 
   Arkansas's non-retroactivity rule; district court did not err in concluding 
   that settlements had not made the injured employees whole, nor did it err 
   in finding that Fremont, as the workers' compensation carrier, was not 
   entitled to a subrogation lien on the settlement proceeds.