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SOUTHWESTERN PORTLAND CEMENT CO. v. SIMPSON

No. 2654.

135 F.2d 584 (1943)

SOUTHWESTERN PORTLAND CEMENT CO. et al. v. SIMPSON.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied and Opinion Modified June 19, 1943.

Attorney(s) appearing for the Case

Pierce Rodey, of Albuquerque, N. M. (Rodey, Dickason & Sloan, of Albuquerque, N. M., on the brief), for appellants.

Edwin L. Swope, of Albuquerque, N. M. (W. A. Keleher and Theo. E. Jones, both of Albuquerque, N. M., on the brief), for appellee.

Before PHILLIPS, BRATTON, and MURRAH, Circuit Judges.

PHILLIPS, Circuit Judge.

Alice E. Simpson1 commenced this action against the Southwestern Portland Cement Company2 in a district court of the state of New Mexico to recover benefits under the New Mexico Workmen's Compensation Act3 for the death of her husband, John E. Simpson. The action was removed to the United States District Court. From a judgment in favor of the claimant, the...

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