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LOPEZ v. SCHULTZ & LINDSAY CONSTRUCTION CO.

No. 144.

444 P.2d 996 (1968)

79 N.M. 485

Joe E. LOPEZ and Delma Lopez, his wife, Plaintiffs-Appellants, v. SCHULTZ & LINDSAY CONSTRUCTION COMPANY, employer, Employer's Life Insurance Company, Insurer, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied September 12, 1968.

Attorney(s) appearing for the Case

James A. Scarborough, Espanola, for appellant.

Richard S. Morris, Sumner Buell, Montgomery, Federici, Andrews, Hannas & Morris, Santa Fe, for appellee.

OPINION

OMAN, Judge.

Plaintiffs have appealed from a judgment denying their claim and dismissing their complaint for workmen's compensation benefits. They sought recovery of benefits as a dependent father and mother of their deceased son under § 59-10-18.7 (D), N.M.S.A. 1953, which provides in part:

"D. If there be neither widow, widower, nor children, compensation may be paid to the father and mother or the survivor of them, if dependent to...

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