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AMERICAN MUTUAL L. INS. CO. v. STATE AUTO. INS. ASS'N

No. 48655.

72 N.W.2d 88 (1955)

AMERICAN MUTUAL LIABILITY INSURANCE CO., Appellant, v. STATE AUTOMOBILE INSURANCE ASSOCIATION, Tracy North and Sears R. North, Appellees.

Supreme Court of Iowa.

September 20, 1955.

Attorney(s) appearing for the Case

Deck & Mahr, Sioux City, for appellant.

Mallonee & Mallonee, Audubon, for appellees.

GARFIELD, Justice.

Plaintiff, insurer under the Workmen's Compensation Law, chapters 85, 86, Codes 1950, 1954, I.C.A., of Michael-Leonard Co., brought this law action under Code section 85.22 as subrogee of P. H. Underwood, employee of Michael-Leonard, to recover from third parties for personal injuries to him. The petition was dismissed on defendants' motion. From judgment of dismissal plaintiff has appealed.

The appeal involves the construction of Code section...

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