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MOUNTAIN STATES TEL. & TEL. CO. v. MONTOYA

No. 11967.

581 P.2d 1283 (1978)

91 N.M. 788

MOUNTAIN STATES TELEPHONE & TELEGRAPH COMPANY, a/k/a Mountain Bell Telephone, Petitioner, v. David J. MONTOYA, Respondent.

Supreme Court of New Mexico.

Rehearing Denied August 7, 1978.

Attorney(s) appearing for the Case

Johnson, Paulantis & Lanphere, Eric D. Lanphere, D. James Sorenson, Albuquerque, for petitioner.

Neal & Neal, William G.W. Shoobridge, Hobbs, for respondent.

OPINION

FEDERICI, Justice.

Respondent David Montoya (Montoya) was an employee of petitioner Mountain Bell (Mountain Bell). At the completion of his shift it was necessary for him to return to a warehouse which is owned and maintained by Mountain Bell to return certain equipment and complete paper work on services which he performed during the day. On December 4, 1973, Montoya returned the equipment, completed the...

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