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HALL-STEWART DRILLING COMPANY v. TOMLIN

No. 5587.

248 F.2d 953 (1957)

HALL-STEWART DRILLING COMPANY and United States Fidelity and Guaranty Company, Appellants, v. Edna TOMLIN, Appellee.

United States Court of Appeals Tenth Circuit.

October 7, 1957.

Attorney(s) appearing for the Case

A. H. McLeod (of Keleher & McLeod) Albuquerque, N. M., for appellants.

Henry A. Kiker, Jr., Albuquerque, N. M. (Joseph L. Smith, Albuquerque, N. M., was with him on the brief), for appellee.

Before MURRAH, PICKETT and LEWIS, Circuit Judges.

PER CURIAM.

While engaged in the performance of his usual and customary duties as a derrick man on appellant's oil well drilling rig in New Mexico, P. L. Tomlin suffered a heart attack, resulting in immediate death.

In this diversity suit to recover the death benefits under the New Mexico Workmen's Compensation Act (59-10-1 et seq., N.M.Stat.1953), there was evidence that the stress and strain of his work precipitated or triggered the heart attack. Based upon...

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