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PENA v. N.M. HIGH. DEPT., MOUNT. STATES MUT.

No. 7197.

671 P.2d 656 (1983)

100 N.M 408

DAN R. PENA, Plaintiff-Appellee, v. NEW MEXICO HIGHWAY DEPARTMENT, MOUNTAIN STATES MUTUAL INSURANCE COMPANY, Defendants-Appellees, and Fireman's fund Insurance Company, Defendant-Appellant.

Court of Appeals of New Mexico.

September 8, 1983.

Attorney(s) appearing for the Case

Carlos Martinez, Shaffer, Butt, Thornton & Baehr, P.C., Albuquerque, for defendant-appellant.

Tom Foy, Jr., Foy, Foy & Jollensten, P.C., Silver City, for plaintiff-appellee.

Gary Jeffreys, Deming, for defendants-appellees.

OPINION

DONNELLY, Judge.

Fireman's Fund Insurance Company (Fireman's) brings this interlocutory appeal from an order granting summary judgment in favor of Mountain States Mutual Insurance Company (Mountain States) and denying its motion for summary judgment in a workmen's compensation action.

Two issues are raised on appeal. Claim of error in (1) determining that the only accident which occurred was limited to Fireman's insurance coverage period...

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