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MARTINEZ v. STOLLER

No. 5073.

632 P.2d 1209 (1981)

96 N.M. 571

Charlotte R. MARTINEZ, Plaintiff-Appellant, v. Bob STOLLER, d/b/a Union Bus Depot, and Transamerica Insurance Company, Workmen's Compensation Insurance Carrier, Defendants-Appellees.

Court of Appeals of New Mexico.

August 13, 1981.

Attorney(s) appearing for the Case

Roberto C. Armijo, Las Vegas, for plaintiff-appellant.

Robert A. Martin, Gallagher, Casados & Martin, Albuquerque, for defendants-appellees.

OPINION

SUTIN, Judge.

Plaintiff appeals a summary judgment granted defendants in a workmen's compensation case. We reverse.

Plaintiff was employed in defendant's restaurant as a waitress, dishwasher and she cleaned tables. On October 16, 1979, a day off work, plaintiff went to the restaurant to pick up her paycheck. It was defendant's practice to place paychecks in the cash register for employees to pick up. It was customary for plaintiff and other...

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