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CANEZ v. POLANCO

No. 2 CA-CIV 2807.

120 Ariz. 128 (1978)

584 P.2d 592

Victoria CANEZ, a widow, Appellant, v. Rosendo POLANCO, Randall Wilson, Edward Stanley, State Compensation Fund, the State of Arizona, and Bert Romero as State Mining Inspector, Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied September 14, 1978.

Attorney(s) appearing for the Case

Rabinovitz, Dix & Sands, P.C. by Bernard I. Rabinovitz and Charles G. Rehling, Tucson, for appellant.

Jones, Teilborg, Sanders, Haga & Parks by John C. Gemmill, Phoenix, for appellees Polanco, Wilson & Stanley.

John A. LaSota, Jr., Atty. Gen. by D.B. Udall, Spec. Asst. Atty. Gen. of Chandler, Tullar, Udall & Redhair, Tucson, for appellees State Compensation Fund, State of Arizona and Bert Romero as State Mining Inspector.

OPINION

HOWARD, Judge.

Appellant is the widow of Luis Canez who was killed in a mining accident on July 21, 1974. After receiving workmen's compensation benefits, she sent a letter on July 15, 1976 to Magma Copper Company and its carrier, the State Compensation Fund, requesting a re-assignment of all rights and claims arising out of the death of her husband. Magma and the Fund refused to execute the assignment and on July 21, 1976, a wrongful death action...

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