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GANTT v. L & G AIR CONDITIONING

No. 5953.

680 P.2d 348 (1983)

101 N.M. 208

Charles R. GANTT, Plaintiff-Appellant Cross-Appellee, v. L & G AIR CONDITIONING and Transamerica Insurance Company, Defendants-Appellees Cross-Appellants.

Court of Appeals of New Mexico.

Certiorari Quashed April 25, 1984.

Attorney(s) appearing for the Case

Stephen F. Lawless, Richard V. Earl, McCulloch, Grisham & Lawless, P.A., Albuquerque, for plaintiff-appellant cross-appellee.

Gordon J. McCulloch, Bradley & McCulloch, P.A., Albuquerque, for defendants-appellees cross-appellants.

OPINION

WOOD, Judge.

Plaintiff's claim for worker's compensation is based on injuries received when struck by a motor vehicle, driven by an uninsured motorist, about midnight of March 13, 1981. The appeal does not involve the question of a compensable injury under NMSA 1978, § 52-1-28. The appeal involves summary judgment proceedings concerned with the avoidance of compensation. There are two questions: (1) whether plaintiff was covered under the compensation...

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