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LUCERO v. WHITE AUTO STORES

No. 5978.

291 P.2d 308 (1955)

60 N.M. 266

Betsy LUCERO, Barbara Jo Lucero, Roberta Lucero and Henry Lucero, Widow and infant children of Joe Lucero, Deceased, Plaintiffs-Appellees, v. WHITE AUTO STORES, Inc., and Houston Fire & Casualty Insurance Company, Defendants-Appellants.

Supreme Court of New Mexico.

Rehearing Denied January 4, 1956.

Attorney(s) appearing for the Case

Charles H. Fowler, Socorro, for appellants.

Whatley & Oman, Edward E. Triviz, Las Cruces, for appellees.

McGHEE, Justice.

This is an action by the widow and surviving children of Joe Lucero under the Workmen's Compensation Act 1953 Comp. § 59-10-1 et seq., for benefits because of his death on May 15, 1953, as a result of fatal burns received in a butane gas explosion on May 11, 1953. Suit was not filed until August 31, 1954, and two of the defenses are here urged by the defendants, appellants, as grounds for reversal of...

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