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LOPEZ v. PHELPS DODGE CORPORATION

No. 893.

498 P.2d 686 (1972)

83 N.M. 799

Manuel B. LOPEZ, Plaintiff-Appellant, v. PHELPS DODGE CORPORATION, employer and Insurer, Defendant-Appellee.

Court of Appeals of New Mexico.

June 16, 1972.

Attorney(s) appearing for the Case

Patricio S. Sanchez, Serna & Sanchez, Silver City, for plaintiff-appellant.

Robert J. Young, Shantz, Dickson & Young, Silver City, for defendant-appellee.

OPINION

HENDLEY, Judge.

Plaintiff appeals the denial of workmen compensation benefits. It is plaintiff's contention that the uncontradicted evidence shows that plaintiff sustained an injury on October 27, 1970 while in the course and scope of his employment. The trial court found that the injury to planitiff's back did not arise out of and in the course of his employment and that the injury complained of was a natural and direct result of an off-the-job...

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