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ORTEGA v. SHUBE

No. 3959.

603 P.2d 323 (1979)

93 N.M. 584

Ernest ORTEGA et al., Plaintiffs-Appellants, v. Richard L. SHUBE and Transamerica Insurance Company, Defendants-Appellees.

Court of Appeals of New Mexico.

October 16, 1979.

Attorney(s) appearing for the Case

Anita P. Miller, McCulloch, Grisham & Lawless, P.A., Albuquerque, for appellants.

Kathleen Davison Lebeck, Civerolo, Hansen & Wolf, P.A., Albuquerque, for appellees.

OPINION

LOPEZ, Judge.

Plaintiffs appeal a summary judgment against them granted by the district court in a case brought under the Workmen's Compensation Act, §§ 52-1-1 to 52-1-69, N.M.S.A. 1978 and the New Mexico Occupational Disease Disablement Law, §§ 52-3-1 to 52-3-59, N.M.S.A. 1978, hereafter referred to as the Occupational Disablement Law.

The issue on appeal is whether § 37-1-14, N.M.S.A. 1978, which provides that a...

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