COMMERCIAL INS. CO. v. SUPERIOR COURT

Docket No. 26518.

272 Cal.App.2d 321 (1969)

77 Cal. Rptr. 769

COMMERCIAL INSURANCE COMPANY OF NEWARK, NEW JERSEY et al., Petitioners, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; WILLIAM E. BAHNER, Real Party in Interest.

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

April 28, 1969


Attorney(s) appearing for the Case

Gordon C. Wright for Petitioners.

No appearance for Respondent.

Herron & Winn, John Wynne Herron and Dennis B. Conklin for Real Party in Interest.


TAYLOR, J.

Petitioners seek a writ of prohibition to restrain respondent superior court from further proceedings in this action on the ground that the superior court has no jurisdiction of the subject matter, the employee's remedy being exclusively federal.

It appears from the complaint filed in the lower court and the exhibits attached thereto that petitioners insured the liability of the employer, Morrison...

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