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STATE, GIBBINS v. DISTRICT COURT, FIFTH JUDICIAL DISTRICT

No. 6465.

330 P.2d 964 (1958)

65 N.M. 1

The STATE of New Mexico ex rel. J.P. (BUM) GIBBINS, Inc., and Employers Casualty Company, Relators, v. DISTRICT COURT of the FIFTH JUDICIAL DISTRICT of the State of New Mexico, WITHIN AND FOR LEA COUNTY, New Mexico, and The Honorable John R. Brand, District Judge of the Fifth Judicial District of the State of New Mexico in and for Lea County, New Mexico, Respondents.

Supreme Court of New Mexico.

October 16, 1958.

Attorney(s) appearing for the Case

Neal & Neal, Hobbs, for relators.

Howell Spear, Lovington, for respondents.

LUJAN, Chief Justice.

The relators seek by prohibition to restrain John R. Brand as a Judge of the Fifth Judicial District, within and for Lea County, from holding a hearing in a compensation case, wherein the claimant in said cause has filed an application for medical and surgical treatment, until such time as a judicial determination has been made of whether or not the employer of the claimant is obligated to pay compensation, as provided by the provisions of the...

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