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MONTANO v. WILLIAMS

No. 1970.

547 P.2d 569 (1976)

89 N.M. 86

John MONTANO, Administrator of the Estate of Thomas Chester Cruz, Deceased, Plaintiff-Appellant, v. R.L. WILLIAMS, d/b/a New Mexico Mill & Lumber Company and J.B. Gazaway, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari issued March 1, 1976.

Attorney(s) appearing for the Case

Pedro G. Rael, Zamora, Ribe & Rael, P.A., Santa Fe, for plaintiff-appellant.

J. Duke Thornton, Shaffer, Butt, Jones & Thornton, Albuquerque, for defendants-appellees.

OPINION

SUTIN, Judge.

Plaintiff appeals from an order of the trial court which dismissed, with prejudice, plaintiff's complaint in tort against defendant Williams because plaintiff's decedent, employed by Williams, was subject to the Workmen's Compensation Act. We reverse.

A. Motion to dismiss appeal denied.

Defendant moved to dismiss the appeal (1) because the order was not a "final" order as required by Rule 54(b) of the Rules...

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