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MONTELL v. ORNDORFF

No. 6666.

353 P.2d 680 (1960)

67 N.M. 156

Louis MONTELL, Claimant, Plaintiff-Appellant, v. Howard M. ORNDORFF, d/b/a Duke City Tool & Engineering Company, Employer; and U.S. Fidelity and Guaranty Company, Insurer, Defendants-Appellees.

Supreme Court of New Mexico.

Rehearing Denied July 29, 1960.

Attorney(s) appearing for the Case

Rueckhaus & Watkins, Albuquerque, for appellant.

Keleher & McLeod, Russell D. Moore, Albuquerque, for appellees.

McGHEE, Chief Justice.

This is an appeal from a summary judgment against a workmen's compensation claimant for failure to give notice to his employer as required by § 59-10-13, N.M.S.A., 1953 Comp., as follows:

"* * * Any workman claiming to be entitled * * * to compensation * * * shall give notice in writing of such accident and of such injury to such employer within thirty (30) days after the occurrence thereof, * * *. provided, that no such written...

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