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McCORMICK v. UNITED NUCLEAR CORPORATION

No. 1474.

532 P.2d 203 (1974)

Bunny McCORMICK, a widow, Individually and as Administratrix of the Estate of jack McCormick, Deceased, and Shell Ann McCormick, an infant, by her mother and next friend, Bunny McCormick, Plaintiff-Appellant, v. UNITED NUCLEAR CORPORATION, Defendant-Appellee, v. MOKI OIL & RARE METALS COMPANY, also known as Moki Oil Company, and Employers Insurance of Wausau, Defendants.

Court of Appeals of New Mexico.

Rehearing Denied January 22, 1975.

Attorney(s) appearing for the Case

Sylvain Segal, Jr., Wollen, Segal & Scott, Albuquerque, for plaintiff-appellant.

Thomas J. McBride, J.S. Paulantis, Johnson, Paulantis & Lanphere, Albuquerque, for defendant-appellee.

OPINION

SUTIN, Judge.

Plaintiff appeals from a judgment entered by the trial court that the complaint fails to state a claim against defendant United Nuclear Corporation because under § 59-11-11, N.M.S.A. 1953 (Repl. Vol. 9, pt. 1) a part of the Occupational Disease Disablement Law, United Nuclear was not the last employer of decedent.

Section 59-11-11 reads in part as follows:

Where compensation...

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