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GARCIA v. NEW MEXICO STATE HIGHWAY DEPARTMENT

No. 6057.

296 P.2d 759 (1956)

61 N.M. 156

Robert GARCIA, Claimant, Plaintiff-Appellant, v. NEW MEXICO STATE HIGHWAY DEPARTMENT, Employer, and Mountain States Mutual Casualty Co., Insurer, Defendants-Appellees.

Supreme Court of New Mexico.

May 1, 1956.

Attorney(s) appearing for the Case

Joseph L. Smith, Henry A. Kiker, Jr., Oscar H. Beasley, Albuquerque, for appellant.

A. T. Hannett, G. W. Hannett, T. G. Cornish, Albuquerque, for appellees.

McGHEE, Justice.

Plaintiff brought action under the Workmen's Compensation Act against his employer, New Mexico State Highway Department, and its insurer, Mountain States Mutual Casualty Co., for compensation for personal injuries resulting from an automobile accident which occurred February 10, 1953. Claim was filed on April 26, 1954. By answer the defendants set forth that the defendant employer, as an agency of the state, was immune from suit without its consent...

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