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LIBERTY MUTUAL INS. CO. v. FABIAN

Docket No. 21711.

228 Cal.App.2d 427 (1964)

39 Cal. Rptr. 570

LIBERTY MUTUAL INSURANCE COMPANY, Plaintiff and Appellant, v. LEONARD STUART FABIAN, Defendant and Respondent.

Court of Appeals of California, First District, Division One.

July 14, 1964.

Attorney(s) appearing for the Case

L.F. Haeberle III for Plaintiff and Appellant.

Hanna & Brophy, Warren L. Hanna, T. Groezinger, Loton Wells, Raymond M. Farley and Edmund D. Leonard as Amici Curiae on behalf of Defendant and Appellant.

Vincent Hallinan, Carl B. Shapiro and Patrick Sarsfield Hallinan for Defendant and Respondent.

BRAY, P.J.

Plaintiff appeals from judgment of dismissal based on order sustaining demurrer without leave to amend.1

QUESTION PRESENTED.

[1] Is an action by a workmen's compensation carrier against a third party tortfeasor for its own damages governed by the one-year statute of limitations of section 340, subdivision 3, Code of Civil Procedure, or the three-year statute of limitations of section 338, subdivision...

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