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GALLEGOS v. CHASTAIN

No. 4671.

624 P.2d 60 (1981)

Charles P. GALLEGOS, Plaintiff-Appellant, v. John CHASTAIN and United Nuclear Corporation, Defendants-Appellees.

Court of Appeals of New Mexico.

January 27, 1981.

Attorney(s) appearing for the Case

Michael E. Vigil, Romero & Vigil, P.A., Albuquerque, for plaintiff-appellant.

Alan C. Torgerson and Gregory W. Chase, Miller, Stratvert, Torgerson & Brandt, P.A., Albuquerque, for defendants-appellees.

OPINION

WOOD, Judge.

Plaintiff and Chastain were employees of United Nuclear Corporation. Plaintiff claimed that Chastain committed a battery upon him. The alleged battery occurred near the elevator used to take employees from underground to the surface of the mine and before the requisite checking out for completion of the work shift. Plaintiff sought to recover compensatory and punitive damages; the trial court granted summary judgment for the defendants...

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