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TRAVELERS INS. CO. v. DISTRICT OF COLUMBIA

No. 11010.

382 A.2d 269 (1978)

TRAVELERS INSURANCE COMPANY, a corporation, Appellant, v. DISTRICT OF COLUMBIA, a Municipal Corporation, Appellee.

District of Columbia Court of Appeals.

Decided January 13, 1978.

Rehearing en Banc Denied April 11, 1978.

Attorney(s) appearing for the Case

Thomas Pace, Washington, D. C., with whom Edward J. Lopata, Washington, D. C., was on the brief, for appellant. Richard W. Boone, Washington, D. C., also entered an appearance for appellant.

Dennis McDaniel, Asst. Corp. Counsel, Washington, D. C., with whom John R. Risher, Jr., Corp. Counsel, Louis P. Robbins, Principal Deputy Corp. Counsel, Richard W. Barton, Deputy Corp. Counsel, and George T. Masson, Jr., Asst. Corp. Counsel, Washington, D. C., were on the brief, for appellee.

Before KERN, YEAGLEY and HARRIS, Associate Judges.

YEAGLEY, Associate Judge:

This appeal arises from an order of the trial court dismissing an action against appellee District of Columbia. The issue presented to this court is one of first impression — whether an insurance carrier (appellant, Travelers Insurance Co.), after paying workmen's compensation to an injured employee without a formal award, may sue a third-party wrongdoer for its failure to protect Travelers' alleged equitable lien on proceeds paid...

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