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HERRERA v. C & R PAVING COMPANY

No. 7300.

387 P.2d 339 (1963)

73 N.M. 237

Marcelino HERRERA, Plaintiff-Appellant, v. C & R PAVING COMPANY, Employer, and Commercial Insurance Company, Insurer, Defendants-Appellees.

Supreme Court of New Mexico.

November 25, 1963.

Attorney(s) appearing for the Case

Alfonso G. Sanchez, Florenceruth J. Brown, Santa Fe, for appellant.

Modrall, Seymour, Sperling, Roehl & Harris, Frank H. Allen, Jr., Allen C. Dewey, Jr., Albuquerque, for appellees.

NOBLE, Justice.

The claimant, Herrera (appellant), received a lump sum award in workmen's compensation by judgment entered pursuant to stipulation. The judgment, stipulation and a release and satisfaction executed by claimant were all filed May 10, 1961. On April 15, 1962, the claimant filed a motion pursuant to Rule 60(b) of the Rules of Civil Procedure (§ 21-1-1(60) (b), N.M.S.A. 1953) to vacate and set aside the stipulation, judgment and the release on the...

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