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YERBICH v. HEALD

No. 2032.

547 P.2d 72 (1976)

89 N.M. 67

Lindsay M. YERBICH, as mother and next friend of Michael Duane Yerbich, Jr., and Jaysen Vincent John Yerbich, minors, Plaintiff-Appellant, v. George HEALD and Bates Lumber Company, Defendants-Appellees.

Court of Appeals of New Mexico.

March 2, 1976.

Attorney(s) appearing for the Case

Terrance L. Dolan, Dolan & Clear, Albuquerque, for plaintiff-appellant.

Turner W. Branch, Branch & Branch, David W. King, Threet, Threet, Glass, King & Maxwell, Albuquerque, for defendants-appellees.

OPINION

HERNANDEZ, Judge.

This is an appeal from a summary judgment which determined plaintiff's deceased, Michael D. Yerbich, was not an employee of the defendant, Bates Lumber Company (Bates). Plaintiff did not appeal the trial court's order that the other defendant, George Heald (Heald), was not liable for workmen's compensation. Heald did not have four or more employees and therefore did not come within the ambit of the New Mexico Workmen's Compensation...

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