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LEDBETTER v. SAVITTIERI

No. 1 CA-CIV 849.

10 Ariz. App. 65 (1969)

455 P.2d 1015

Marcus LEDBETTER, Appellant, v. Phillip SAVITTIERI, Sr., Catherine Savittieri, and Frank Savittieri, dba P.S. & Sons, Appellees.

Court of Appeals of Arizona.

As Modified on Denial of Rehearing June 27, 1969.

Review Denied September 30, 1969.

Attorney(s) appearing for the Case

Giles, Zielinski & Thur, by Richard R. Zielinski, Scottsdale, for appellant.

Johnson & Shaw, by Joseph P. Shaw, Phoenix, for appellees.

MOLLOY, Judge.

This is an appeal from a summary judgment denying recovery in a personal injury action brought by a workman for injuries received in the course of his employment against an alleged third party tort-feasor.

The injury for which recovery is sought occurred on March 30, 1964. The workman concedes that he knowingly1 elected to take compensation instead of pursuing his remedy against the third party tort-feasor

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