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DEL RIO v. NORTHERN BLOWER CO.

Nos. 77-1379, 77-1522.

574 F.2d 23 (1978)

Jose DEL RIO et al., Plaintiffs, Appellees, v. NORTHERN BLOWER CO., et al., Defendants, Appellees, Liberty Mutual Insurance Company, Lienor, Appellant. Paul NORMAND, Plaintiff, Appellee, v. HUNTER INVESTMENT CORPORATION et al., Defendants, Appellees, Liberty Mutual Insurance Company, Lienor, Appellant.

United States Court of Appeals, First Circuit.

Decided April 11, 1978.

Attorney(s) appearing for the Case

Martin L. Gross, Concord, N. H., with whom Michael M. Ransmeier and Sulloway, Hollis, Godfrey & Soden, Concord, N. H., were on brief for appellant.

Gordon A. Rehnborg, Jr., Manchester, N. H., with whom Wiggin & Nourie, Manchester, N. H., was on brief for Jose Del Rio et al., appellees.

Kenneth R. McHugh, Manchester, N. H., with whom Bussiere & McHugh, Manchester, N. H., was on brief for Paul Normand, appellee.

Before COFFIN, Chief Judge, ALDRICH and CAMPBELL, Circuit Judges.

ALDRICH, Senior Circuit Judge.

In July, 1970 Jose Del Rio, in the course of his employment by Fibre Processing Corporation in Manchester, New Hampshire, suffered personal injury while operating a waste picker manufactured by a third party. He made claim against Liberty Mutual Insurance Company, Fibre's workmen's compensation carrier, and ultimately made a lump sum settlement totaling $24,695. Under New Hampshire law, Liberty was entitled to sue the third party in...

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