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SCHOBER v. MOUNTAIN BELL TELEPHONE

No. 3585.

600 P.2d 283 (1978)

93 N.M. 337

Herbert A. SCHOBER, Plaintiff-Appellant, v. MOUNTAIN BELL TELEPHONE, Defendant-Appellee.

Court of Appeals of New Mexico.

October 31, 1978.

Attorney(s) appearing for the Case

Anne Kass, Albuquerque, for plaintiff-appellant.

Ronald Segel, Sutin, Thayer & Browne, Albuquerque, for defendant-appellee.

OPINION

HENDLEY, Judge.

Plaintiff brought suit under the Workmen's Compensation Act, § 59-10-1 et seq., N.M.S.A. 1953 (2d Repl.Vol. 9, pt. 1, 1974) as amended, claiming that his allergic reaction to cigarette smoke in the work environment provided by his employer was a compensable injury under the Act. Defendant's motion for summary judgment was granted on the basis that plaintiff's allergic reaction, which...

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