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CITY OF ARTESIA v. CARTER

No. 4118.

610 P.2d 198 (1980)

94 N.M. 311

The CITY OF ARTESIA, New Mexico, and Truck Insurance Exchange, Plaintiffs-Appellants, v. Woodrow O. CARTER, d/b/a Carter Enterprises and Scanlon & Associates, Inc., Defendants-Appellees.

Court of Appeals of New Mexico.

Writ of Certiorari Denied February 19, 1980.

Attorney(s) appearing for the Case

Eric D. Lanphere, Johnson & Lanphere, P.C., Albuquerque, for plaintiffs-appellants.

Esteban A. Aguilar, Studdard, Melby, Schwartz, Crowson & Parrish, El Paso, Tex., for defendants-appellees.

OPINION

WOOD, Chief Judge.

May an employer who has paid workmen's compensation avoid the employer's express contract to indemnify a third party on the ground that enforcement of the contract is barred by the public policy stated in our workmen's compensation law? No.

The employee was killed in a compensable accident. The employer, Carter (Woodrow O. Carter, doing business as Carter Enterprises) paid workmen...

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