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VILLEGAS v. AMERICAN SMELT. & REFINING CO.

No. 2477.

552 P.2d 1235 (1976)

89 N.M. 387

Marcella VILLEGAS, Plaintiff-Appellant, v. AMERICAN SMELTING AND REFINING COMPANY, INC., Defendant-Appellee.

Court of Appeals of New Mexico.

July 27, 1976.

Attorney(s) appearing for the Case

William S. Martin, Jr., M.E. (Gene) Miller, Silver City, for appellant.

Ben Shantz, Shantz, Dickson & Young, Silver City, for appellee.

OPINION

WOOD, Chief Judge

Proceeding under § 59-10-13.5, N.M.S.A. 1953 (2d Repl. Vol. 9, pt. 1, Supp. 1975), plaintiff sought a lump-sum payment of workmen's compensation benefits. The trial court dismissed plaintiff's petition for failure to state a claim upon which relief could be granted. Plaintiff's appeal involves the effect of a motion to dismiss upon § 59-10-36, N.M.S.A. 1953 (2d Repl. Vol. 9, pt. 1).

Section 59-10-36, supra, provides...

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