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SCHALL v. SCHALL

Nos. 5197, 5213.

642 P.2d 1124 (1982)

97 N.M. 665

Rita SCHALL, and Rita Schall as next friend of Fernando Griego, Raymond Griego and Louis Griego, Plaintiffs-Appellants, v. Thelma B. SCHALL, Individually, as a mother and next friend of Andrea Dawn Schall, A minor and dependent child of Ronald Schall, Deceased, Plaintiffs-Appellants, v. JACK'S TREE AND SHRUBBERY SERVICE, and United States Fidelity & Guaranty Company, Defendants-Appellees.

Court of Appeals of New Mexico.

February 25, 1982.

Attorney(s) appearing for the Case

Victor Roybal, Jr., Albuquerque, for plaintiff-appellant Thelma Schall.

Maria G. Geer, Albuquerque, for plaintiff-appellant Rita Schall.

Hal Simmons, Albuquerque, for defendants-appellees.

OPINION

DONNELLY, Judge.

These actions arise out of a dispute between two claimants, Thelma and Rita Schall (decedent's second and third wives, respectively), each alleging herself to be the surviving widow of Ronald Schall and seeking, under the Workmen's Compensation Act, widow's and children's benefits as the result of his work-related death on July 7, 1979.

On April 1, 1980, Rita Schall individually and as next friend of her children Fernando...

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