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JOHNSON v. J.S. & H. CONSTRUCTION CO.

No. 365.

462 P.2d 627 (1969)

81 N.M. 42

Lee Roy JOHNSON, Plaintiff-Appellant, v. J.S. & H. CONSTRUCTION CO., Employer; and Home Indemnity Insurance Co., Insurer, Defendants-Appellees.

Court of Appeals of New Mexico.

December 5, 1969.

Attorney(s) appearing for the Case

Willard F. Kitts, Albuquerque, for plaintiff-appellant.

Wayne C. Wolf, Civerolo, Hansen & Wolf, Albuquerque, for defendants-appellees.

OPINION

OMAN, Judge.

This is an appeal by plaintiff from a summary judgment granted defendants. The suit is for medical expenses under the Workmen's Compensation Act.

If the record presents a genuine issue on the material fact of whether plaintiff's accidental injury arose out of and in the course of his employment with defendant, J.S. & H. Construction Co., then we must reverse.

Defendants contend no such genuine issue exists because...

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