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CHAVEZ v. KENNECOTT COPPER CORP.

No. 75-1987.

547 F.2d 541 (1977)

Marcario CHAVEZ, Plaintiff-Appellant, v. KENNECOTT COPPER CORPORATION, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided January 11, 1977.

Attorney(s) appearing for the Case

Anthony F. Avallone, Las Cruces, N. M., for plaintiff-appellant.

Kenneth R. Brandt of Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, N. M. (Peter G. Prina of Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, N. M., on the brief), for defendant-appellee.

Before SETH and HOLLOWAY, Circuit Judges, and CHILSON, Senior District Judge.

CHILSON, District Judge.

This diversity action was brought by the appellant-plaintiff seeking to recover damages from his former employer, the appellee-defendant, on the grounds that the defendant had acted in bad faith in denying a claim which the plaintiff had made for Workmen's Compensation benefits under the New Mexico Workmen's Compensation Act. (N.M.S.A. § 59-10-1 et seq.)

Pertinent to a consideration of this appeal is the procedure provided by...

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