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SANDOVAL v. U. S. SMELTING, REFINING & MINING CO.

No. 75-1787.

544 F.2d 463 (1976)

Emma SANDOVAL, as Personal Representative of the Estate of John Sandoval, Deceased, Appellant, v. U. S. SMELTING, REFINING & MINING COMPANY et al., Appellees.

United States Court of Appeals, Tenth Circuit.

Decided November 12, 1976.

Attorney(s) appearing for the Case

Ray M. Vargas, Albuquerque, N. M., for appellant.

Edward E. Triviz, Las Cruces, N. M., for appellees.

Before SETH, HOLLOWAY and McWILLIAMS, Circuit Judges.

SETH, Circuit Judge.

Plaintiff-appellant filed this wrongful death action in state court alleging that appellees negligently caused the death of her husband in a mine in Grant County, New Mexico. The case was removed to the United States District Court for the District of New Mexico, where trial began. At the conclusion of appellant's case, the trial court held that plaintiff's own evidence of decedent's contributory negligence precluded recovery as a matter of law...

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