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BALDWIN v. WORLEY MILLS, INC.

No. 4494.

622 P.2d 706 (1980)

95 N.M. 398

Bill BALDWIN as Executor for the Estate of Daniel Baldwin, Plaintiff-Appellee, v. WORLEY MILLS, INC., and Calvin Mason, Individually, Defendants-Appellants.

Court of Appeals of New Mexico.

Rehearing Denied September 9, 1980.

Writ Quashed January 26, 1981.

Attorney(s) appearing for the Case

Bruce G. Stafford, Cedar Crest, for plaintiff-appellee.

William G.W. Shoobridge, Neal & Neal, Hobbs, for defendants-appellants.

OPINION

HERNANDEZ, Judge.

Plaintiff sought to recover for the wrongful death of Daniel Baldwin, defendant's employee. The district court denied defendants' motion to dismiss, treating it as a motion for summary judgment upon introduction of affidavits. The court concluded that defendant Worley Mills failed to comply with the mandatory filing requirements of the New Mexico Workmen's Compensation Act, § 52-1-4, N.M.S.A. 1978, and so plaintiff was entitled...

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