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LIBERTY MUTUAL INS. CO. v. WESTERN CAS. & SUR. CO.

No. 2 CA-CIV 1498.

21 Ariz. App. 363 (1974)

519 P.2d 216

LIBERTY MUTUAL INSURANCE COMPANY, a corporation, Appellant, v. WESTERN CASUALTY & SURETY COMPANY, a corporation; Arthur O. Martinez and Patricia Martinez, husband and wife; Joseph McDuffee and Colleen McDuffee, husband and wife; and Antonio Torres and Belen Torres, husband and wife, Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied April 9, 1974.

Review Granted May 14, 1974.

Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Lawrence H. Lieberman, Phoenix, for appellant.

Lesher & Scruggs, P.C., by D. Thompson Slutes, Tucson, for appellee Western Casualty & Surety Co.

W. Mercer Bouldin, Tucson, for appellees Martinez, McDuffee and Torres.

OPINION

HOWARD, Judge.

The issue involved here is the extent of the employer-insurer's lien under A.R.S. § 23-1023(C).

At all times hereinafter the individual parties will be referred to as Martinez, McDuffee and Torres; Western Casualty & Surety Company as Western and Liberty Mutual Insurance Company as Liberty.

Martinez, McDuffee and Torres, while working for a plastering contractor were injured on the job. Claiming that the medical...

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