LAUDERDALE v. HYDRO CONDUIT CORPORATION

No. 2503.

555 P.2d 700 (1976)

89 N.M. 579

Pat LAUDERDALE, mother and next friend of Salome Ramon Leyba, Corina Leyba, and Connie Ramona Leyba, minor dependent children of Ramon Leyba, Deceased, Plaintiff-Appellee, v. HYDRO CONDUIT CORPORATION, Employer, Self-Insured, Defendant-Appellee, v. Francies B. LEYBA, Plaintiff-In-Intervention-Appellant. Nellie LEYBA, Plaintiff-Appellant, v. HYDRO CONDUIT CORPORATION, a Self-Insurer, Defendant-Appellee.

Court of Appeals of New Mexico.

Rehearing Denied October 18, 1976.

Certiorari Denied November 16, 1976.


Attorney(s) appearing for the Case

John J. Carmody, Jr., Kanter & Carmody, P.A., Albuquerque, for appellant Francies B. Leyba.

Joe A. Duran, Albuquerque, for appellant Nellie Leyba.

John Hogan Stewart, Quincy D. Adams, Adams & Foley, Albuquerque, for appellee Lauderdale.

Vance Mauney, P.A., Albuquerque, for appellee Hydro Conduit.


OPINION

WOOD, Chief Judge.

The dispositive issues in this workmen's compensation case are: (1) whether wife No. 3 was entitled to compensation; (2) whether wife No. 1 was entitled to compensation; and (3) attorney fees on appeal. We hold that neither wife was entitled to compensation; accordingly, we do not reach the question of how compensation should be apportioned between a wife and children of another woman.

Leyba was killed in a compensable...

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