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AMERICAN MUT. LIABIL. INS. CO. v. CITY OF W. PALM BEACH

No. 42.

185 So.2d 174 (1966)

AMERICAN MUTUAL LIABILITY INSURANCE CO., a Massachusetts Corporation, Appellant, v. CITY OF WEST PALM BEACH, a Municipal Corporation, Appellee.

District Court of Appeal of Florida. Fourth District.

April 14, 1966.

Attorney(s) appearing for the Case

Wallis E. Schulle, of Fisher, Pryor, Pruitt & Schulle, West Palm Beach, for appellant.

W.C. Owen, Jr., of Miller, Cone, Owen, Wagner & Nugent, West Palm Beach, for appellee.

ANDREWS, Judge.

The plaintiff, American Mutual Liability Insurance Co., appeals a final judgment entered for the defendant, City of West Palm Beach, pursuant to an order granting defendant's motion to dismiss the second amended complaint.

Plaintiff brought this action in his subrogated capacity as workmen's compensation insurance carrier under F.S.A. § 440.39(4) to recover damages for personal injuries sustained by Ivy Messer as the result of the city...

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