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DEL MONTE CORP. v. SUPERIOR COURT

Docket No. 53230.

127 Cal.App.3d 1049 (1982)

179 Cal. Rptr. 855

DEL MONTE CORPORATION, Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; ROCKWELL INTERNATIONAL CORPORATION, Real Party in Interest.

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

January 19, 1982.

Attorney(s) appearing for the Case

COUNSEL

Kiernan & Finnegan, James C. Farley and Nancy Lawson Schmit for Petitioner.

No appearance for Respondent.

Sedgwick, Detert, Moran & Arnold, P. Beach Kuhl and Gregory H. Halliday for Real Party in Interest.

OPINION

SCOTT, Acting P.J.

This petition for writ of mandate by Del Monte Corporation, the employer of an injured worker, challenges the overruling of its demurrer to the cross-complaint of a third party defendant. The cross-complaint seeks to reduce any award to plaintiff by the amount of workers' compensation benefits provided by petitioner. Petitioner has not sought reimbursement...

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