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LUCERO v. NORTHRIP LOGGING CO.

No. 7444.

683 P.2d 1342 (1984)

101 N.M. 420

Epimenio LUCERO, Plaintiff-Appellant-Appellee, v. NORTHRIP LOGGING COMPANY, Defendant-Appellant, and Nationwide Insurance Company, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied July 19, 1984.

Attorney(s) appearing for the Case

Matthew L. Chacon, Espanola, for plaintiff-appellant Epimenio Lucero.

Edmund H. Kendrick, Montgomery & Andrews, P.A., Santa Fe, for defendant-appellee Nationwide Ins. Co.

John L. Lenssen, Caldwell, Lenssen, Mandel & Jesmer, Santa Fe, for defendant-appellant Northrip Logging Co.

OPINION

NEAL, Judge.

In this case the employer died and the workman filed a workmen's compensation action. The action was timely filed under NMSA 1978, Section 52-1-31(A) of the Workmen's Compensation Act, but untimely filed under NMSA 1978, Section 45-3-803(B) of the Probate Code. Which limitation period applies?

The defendant moved for summary judgment based on Section 45-3-803(B). The trial court denied the motion and the defendant brought this...

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