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McDONALD v. KERR-McGEE CORP.

No. 3741.

598 P.2d 654 (1979)

93 N.M. 192

Robert McDONALD, Plaintiff-Appellant, v. KERR-McGEE CORPORATION, Defendant-Appellee.

Court of Appeals of New Mexico.

July 17, 1979.

Attorney(s) appearing for the Case

Benjamin S. Eastburn, Hynes, Eastburn & Hale, Farmington, for plaintiff-appellant.

George W. Kozeliski, Glascock, McKim & Head, Gallup, for defendant-appellee.

OPINION

ANDREWS, Judge.

This is an appeal from a summary judgment order of the District Court of McKinley County dismissing the plaintiff's claim for benefits under the New Mexico Occupational Disease Disablement Law. The decisive question is whether the employer should be estopped from raising § 52-3-10(A)(2), N.M.S.A. 1978 as a defense where it knew at the time it hired plaintiff that he was suffering from an occupational disease, but did not tell...

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