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BOARD OF RETIREMENT v. TERRY

Docket No. 1903.

40 Cal.App.3d 1091 (1974)

115 Cal. Rptr. 718

BOARD OF RETIREMENT OF KERN COUNTY EMPLOYEES' RETIREMENT ASSOCIATION, Plaintiff and Appellant, v. DAVID T. TERRY, Defendant and Respondent.

Court of Appeals of California, Fifth District.

August 5, 1974.

Attorney(s) appearing for the Case

COUNSEL

Ralph B. Jordan, County Counsel, and Ronald L. Shumaker, Deputy County Counsel, for Plaintiff and Appellant.

King, Eyherabide, Anspach & Newell, Oliver U. Robinson and Abe Mutchnik for Defendant and Respondent.

OPINION

FRANSON, J.

This appeal presents two questions: Which statute of limitation applies and when does it start running on a county retirement board's cause of action under Government Code section 31820 against a third party tortfeasor to recover retirement benefits paid to an injured county employee? Applying the cases interpreting the subrogation provisions of the workmen's compensation law, the trial court held that the board...

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