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DAY v. PENITENTIARY OF NEW MEXICO

No. 5760.

271 P.2d 831 (1954)

58 N.M. 391

DAY v. PENITENTIARY OF NEW MEXICO.

Supreme Court of New Mexico.

June 14, 1954.

Attorney(s) appearing for the Case

H.A. Kiker and Henry A. Kiker, Jr., Santa Fe, for appellant.

Richard H. Robinson, Atty. Gen., Fred M. Standley, C.C. McCulloh, Asst. Attys. Gen., for appellee.

COMPTON, Justice.

Appellant, claimant below, brought this action against The Penitentiary of New Mexico for compensation under the Workmen's Compensation Act and from a judgment dismissing the complaint, he appeals. The parties stipulated as to the facts found by the court, leaving for determination a single legal question, whether the state has consented to the suit.

On November 20, 1950, while claimant was performing...

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