BAKER v. SHUFFLEBARGER & ASSOCIATES, INC.

No. 8403.

436 P.2d 502 (1968)

78 N.M. 642

Dwight BAKER and Russell Baker, Heirs and Residuary Legatees under the Last Will and Testament of Jesse D. Baker, Deceased, Plaintiffs-Appellees, v. SHUFFLEBARGER & ASSOCIATES, INC., Employer, and Mountain States Mutual Casualty Company, Insurer, Defendants-Appellants.

Supreme Court of New Mexico.

January 22, 1968.


Attorney(s) appearing for the Case

Modrall, Seymour, Sperling, Roehl & Harris, James A. Parker, Kenneth L. Harrigan, Albuquerque, for appellants.

Rodey, Dickason, Sloan, Akin & Robb, James C. Ritchie, Albuquerque, for appellee.


OPINION

MOISE, Justice.

In this workmen's compensation action judgment was entered in favor of the claimant. One of the defenses pleaded was the statute of limitations. Without a finding on this issue, the trial court nevertheless determined that claimant was entitled to recover for total and permanent disability. This ruling was appealed. Upon consideration of the appeal we remanded the case to the trial court for a finding on the question of timeliness...

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