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WILLIAMS v. MONTANO

No. 10818.

550 P.2d 264 (1976)

89 N.M. 252

R.L. WILLIAMS, dba New Mexico Mill & Lumber Company and J.B. Gazaway, Petitioners, v. John MONTANO, Administrator of the Estate of Thomas Chester Cruz, Deceased, Respondent.

Supreme Court of New Mexico.

May 3, 1976.

Attorney(s) appearing for the Case

Shaffer, Butt, Jones & Thornton, J. Duke Thornton, Albuquerque, for petitioners.

Zamora, Ribe & Rael, Pedro G. Rael, Santa Fe, for respondent.

OPINION

STEPHENSON, Justice.

This appeal was taken from an order dismissing a tort claim by the administrator of the estate of Thomas Cruz, who was injured while employed by the defendant Williams. The trial court held that the tort claim was barred by the Workmen's Compensation Act and dismissed the claim with prejudice. The Court of Appeals reversed. Montano v. Williams, 89 N.M. 86, 547 P.2d 569

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