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BARELA v. BARELA

No. 4539.

619 P.2d 1251 (1980)

95 N.M. 207

Nancy BARELA, Individually and as Personal Representative of George Fermin Barela, Deceased, and as Mother and Next Friend of Kimberly Ann Barela, a Minor, Plaintiff-Appellant, v. Sadie BARELA, a/k/a "Saidy" Barela, Jane Doe and John Doe, Defendants-Appellees, and Bakery and Confectionery Union and Industry International Health Benefits Fund, Defendant-Appellee, Cross-Appellant.

Court of Appeals of New Mexico.

November 6, 1980.

Attorney(s) appearing for the Case

Robert R. Fuentes, Timothy P. Woolston, Albuquerque, for plaintiff-appellant.

Anita P. Miller, McCulloch, Grisham & Lawless, P.A., Albuquerque, for defendants-appellees Sadie Barela and Does.

Kenneth F. Hickey, D. Edward Wilson, Jr., Washington D.C., Gerald R. Bloomfield, Albuquerque, for defendant-appellee, cross-appellant; Morgan, Lewis & Bockius, Washington, D.C., Kool, Kool, Bloomfield & Hollis, P.A., Albuquerque, of counsel.

OPINION

WOOD, Chief Judge.

Two issues are decided: (1) the right of the designated beneficiary to the death benefits provided by a health benefits plan; and (2) the propriety of an award of attorney fees as costs upon the federal court's remand of the case to a state court.

The following facts and proceedings are not disputed.

(a) George Fermin Barela was employed by a bakery. By the terms of a collective bargaining agreement between the...

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