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BROWN v. ARAPAHOE DRILLING COMPANY

No. 6858.

370 P.2d 816 (1962)

70 N.M. 99

Bessie BROWN, Widow of Edward Lee Brown, Deceased, and parent of David Clyde Brown, Randy Lee Brown and Robert Donald Brown, minor children of Bessie Brown and Edward Lee Brown, Deceased, Claimant, Plaintiff-Appellant, v. ARAPAHOE DRILLING COMPANY, Employer, and The Aetna Casualty and Surety Company, Insurer, Defendants-Appellees.

Supreme Court of New Mexico.

April 9, 1962.

Attorney(s) appearing for the Case

McAtee, Toulouse, Marchiondo, Ruud & Gallagher, Albuquerque, for appellant.

Gilbert, White & Gilbert, Sumner S. Koch, Santa Fe, for appellees.

CARMODY, Justice.

This appeal is from the denial of a claim for workmen's compensation filed by the widow of a deceased workman.

The principal question requiring determination relates to the application of the "dual purpose doctrine" to the statutory exclusion of "going and coming from" work, as provided in § 59-10-12(l), N.M.S.A., 1953 Comp. A problem with respect to election of remedies as between a workmen's compensation claim and a suit against...

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