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McKINNEY v. DAVIS

No. 9455.

503 P.2d 332 (1972)

84 N.M. 352

W.P. McKINNEY, Plaintiff-Appellee and Cross-Appellant, v. R.D. DAVIS, Defendant-Appellant and Cross-Appellee.

Supreme Court of New Mexico.

November 22, 1972.

Attorney(s) appearing for the Case

Crouch & Lenko, Las Cruces, Civerolo, Hansen & Wolf, Albuquerque, for defendant-appellant.

Martin & Martin, William L. Lutz, Las Cruces, for plaintiff-appellee.

OPINION

STEPHENSON, Justice.

Mr. McKinney ("plaintiff") filed this action asserting himself to be a third party beneficiary of a contract which required his employer, Mr. Davis ("defendant") to purchase workmen's compensation insurance. He alleged that he had been injured in the course of his employment and was entitled to damages. The trial court, sitting without a jury, determined that the plaintiff was a third...

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