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FITCH v. SAM TANKSLEY TRUCKING CO.

No. 4515.

623 P.2d 991 (1980)

Max A. FITCH, Plaintiff-Appellee, v. SAM TANKSLEY TRUCKING COMPANY, INC., Defendant-Appellant.

Court of Appeals of New Mexico.

October 16, 1980.

Attorney(s) appearing for the Case

Kathleen Davison Lebeck, Civerolo, Hansen & Wolf, P.A., Albuquerque, for defendant-appellant.

Terry M. Word and Richard E. Ransom, P.A., Smith, Ransom & Gilstrap, Albuquerque, for plaintiff-appellee.

OPINION

WALTERS, Judge.

Although defendant has not followed precisely the format of Rule 9(m)(2) R.Civ.App.P., N.M.S.A. 1978, the Brief-in-chief clearly defines the matters appealed. Therefore, we review on the merits the workman's compensation award granting plaintiff escalated permanent partial disability benefits and $13,000 in attorney's fees, and reverse.

Prior to the date scheduled for oral argument, both parties requested summary reversal...

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