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PEDRAZZA v. SID FLEMING CON., INC.

No. 12389.

607 P.2d 597 (1980)

94 N.M. 59

Carmen PEDRAZZA, mother and next friend of Susanna Pedrazza, Lourdes Pedrazza, Salvador Pedrazza, Maria Pedrazza, Maria del Carmen Pedrazza and Margarita Pedrazza, children of Salvador F. Ontiveros, Deceased, Plaintiff-Appellant, v. SID FLEMING CONTRACTOR, INC. and Fireman's Fund Insurance Companies, Defendants-Appellees.

Supreme Court of New Mexico.

February 25, 1980.

Attorney(s) appearing for the Case

Glenn B. Neumeyer, Las Cruces, for plaintiff-appellant.

J.R. Crouch, Las Cruces, for defendants-appellees.

Modrall, Sperling, Roehl, Harris & Sisk, James A. Parker, Sheehan & Sheehan, William H. Carpenter, Albuquerque, for amicus curiae.

OPINION

PAYNE, Justice.

Salvador Ontiveros was killed in an accident while employed by Sid Fleming Contractor, Inc. The natural mother of the decedent's children, Carmen Pedrazza, filed a complaint for benefits under the New Mexico Workmen's Compensation Act on behalf of decedent's children.

The plaintiff children have at all times been residents of the Republic of Mexico. Defendant moved for dismissal based upon the pleadings, claiming that plaintiffs...

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