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FRESQUEZ v. FARNSWORTH & CHAMBERS COMPANY

No. 5389.

238 F.2d 709 (1956)

In the Matter of The Workmen's Compensation of Feliberto FRESQUEZ, Appellant, v. FARNSWORTH & CHAMBERS COMPANY, Inc., Appellee.

United States Court of Appeals Tenth Circuit.

November 2, 1956.

Attorney(s) appearing for the Case

Edwin L. Felter, Santa Fe, N. M. (Joseph M. Montoya, Santa Fe, N. M., was with him on the brief), for appellant.

William W. Gilbert, Santa Fe, N. M. (Carl H. Gilbert and Gilbert, White & Gilbert, Santa Fe, N. M., were with him on the brief), for appellee.

A. H. McLeod, John B. Tittmann, and J. C. Ryan, Albuquerque, N. M., were on the brief as amici curiae.

Before BRATTON, Chief Judge, and PHILLIPS and LEWIS, Circuit Judges.

BRATTON, Chief Judge.

This is an action by Feliberto Fresquez against Farnsworth and Chambers Company to recover judgment for compensation under the Workmen's Compensation Act of New Mexico, 9 N.M.S.A. 1953, § 59-10-1 et seq. The action was instituted in the state court and was removed to the United States Court. The ground of removal was diversity of citizenship with the requisite amount in controversy. Plaintiff filed a motion to remand and defendant filed...

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