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SHOPE v. DON COE CONST. CO.

No. 3457.

590 P.2d 656 (1979)

92 N.M. 508

Jane Jessie SHOPE, Personal Representative of the Estate of George Dewey Shope, Deceased, Plaintiff-Appellant, v. DON COE CONSTRUCTION COMPANY, a corporation, Defendant-Appellee.

Court of Appeals of New Mexico.

January 25, 1979.

Attorney(s) appearing for the Case

Morris Stagner, Keith R. Oas, Stagner, Higginbotham & Oas, P.A., Roswell, for plaintiff-appellant.

Wm. F. Brainerd, Roswell, for defendant-appellee.

OPINION

SUTIN, Judge.

Plaintiff sued defendant for damages for wrongful death of decedent. His death occurred while decedent was employed by defendant and acting within the scope of his employment. Defendant filed a motion to dismiss plaintiff's complaint because plaintiff's common-law action was barred by reason of the Workmen's Compensation Act. The motion was granted. Plaintiff's complaint was dismissed with prejudice and plaintiff appeals. We affirm...

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