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MERRIFIELD v. AUTO-CHLOR SYS. OF ALBUQUERQUE

No. 7122.

669 P.2d 739 (1983)

100 N.M. 263

Karen MERRIFIELD, Individually and as Next Friend of Matthew, Jamin, and Aaron Merrifield, Plaintiffs-Appellees, v. AUTO-CHLOR SYSTEM OF ALBUQUERQUE, Reliance Insurance Company, and Reliance Insurance Company of Illinois, Defendants-Appellants.

Court of Appeals of New Mexico.

August 30, 1983.

Attorney(s) appearing for the Case

E. Douglas Latimer, Holly A. Hart, Spann, Latimer & Hollowwa, Albuquerque, for plaintiffs-appellees.

Carlos G. Martinez, Shaffer, Butt, Thornton & Baehr, P.C., Albuquerque, for defendants-appellants.

OPINION

BIVINS, Judge.

Following the award of death benefits to plaintiffs in a workmen's compensation action, the widow and children of Robert Keith Merrifield petitioned the trial court for a lump-sum award. The court initially ruled the widow entitled to a lump-sum award by reason of remarriage, see NMSA 1978, § 52-1-46(C)(4), but denied it as to the children. On rehearing the court changed its ruling and...

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