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MONTOYA v. ZIA COMPANY

No. 658.

487 P.2d 202 (1971)

82 N.M. 774

Joe I. MONTOYA, Plaintiff-Appellant, v. ZIA COMPANY, Employer, and United States Fidelity and Guaranty Company, Insurer, Defendants-Appellees.

Court of Appeals of New Mexico.

July 2, 1971.

Attorney(s) appearing for the Case

James A. Scarborough, Espanola, for plaintiff-appellant.

Frank Andrews, Owen Lopez, Montgomery, Federici, Andrews, Hannahs & Morris, Santa Fe, for defendants-appellees.

OPINION

SUTIN, Judge.

This is an appeal from a summary judgment for defendants in a workmen's compensation case. Montoya's motion for summary judgment was denied.

We affirm.

The issues raised on appeal are: (1) Did the defendants fail to pay workmen's compensation installments within the provisions of § 59-10-13.5, N.M.S.A. 1953 (Repl. Vol. 9, pt. 1); and (2) Was Montoya entitled to summary judgment as a matter of law?

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