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McWHORTER v. BOARD OF EDUCATION

No. 6232.

320 P.2d 1025 (1958)

63 N.M. 421

Hugh Laurence McWHORTER, Plaintiff-Appellee, v. BOARD OF EDUCATION OF TATUM INDEPENDENT SCHOOL DISTRICT NO. 28, LEA COUNTY, New Mexico, Defendant-Appellant.

Supreme Court of New Mexico.

January 23, 1958.

Attorney(s) appearing for the Case

Heidel & Swarthout, Lovington, for appellant.

Hammel Carrell, Lovington, for appellee.

KIKER, Justice.

The essential facts were stipulated to be as follows, to wit:

The defendant is an independent school district in Lea County, New Mexico, duly organized as such under and pursuant to the laws of the State of New Mexico. The school district comprises approximately the northern one-fourth of Lea County and includes the Town of Tatum.

Plaintiff, a man about seventy years old, was employed by the defendant as a janitor in the work of repair...

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