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South Carolina
JUDICIAL DEPARTMENT
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2003-07-28-01

The Supreme Court of South Carolina

James W. Breeden, Jr., Employee, Respondent/Petitioner,

v.

TCW, Inc./Tennessee Express, Employer, and Granite State Insurance Co., Carrier, Petitioners/Respondents.


ORDER


We deny the Petition for Rehearing but withdraw Opinion Number 25652 filed May 19, 2003, in order to clarify one point.  The new opinion removes the language stating “reduced the lien by a factor of .31” and replaces the language with “reduced the lien in the same proportion as the third party settlement bore to the total cognizable damages.”  Also, in footnote 3, the new opinion removes the language “therefore, the lien was reduced by a factor of .31” and replaces it with “therefore, the amount of the reduced lien was computed by multiplying the original lien by .31.” 

IT IS SO ORDERED.

s/Jean H. Toal                                    C.J.

s/James E. Moore                             J.

s/John H. Waller, Jr.                           J.

s/E.C. Burnett, III                                 J.

s/Costa M. Pleicones                        J.

Columbia, South Carolina
July 28, 2003