MOISE, Justice.
Plaintiff appeals from an order sustaining a motion for summary judgment and dismissing his workmen's compensation action.
It is plaintiff's position that the court erred in granting summary judgment because there were present material issues of fact as to the injury claimed to have been suffered, and as to compliance with § 59-10-13.4, N.M.S.A. 1953, providing for written notice of the accident and injury, or waiving it where the employer...
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