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TAPIA v. SPRINGER TRANSFER CO.

No. 9758.

744 P.2d 1264 (1987)

106 N.M. 461

Margie TAPIA, Surviving spouse of Antonio Jose Tapia, Deceased, Plaintiff-Appellant, v. SPRINGER TRANSFER COMPANY, Sringer Corporation, Springer Building Materials Corporation and Fireman's Fund Insurance Company, Defendant-Appellees.

Court of Appeals of New Mexico.

Certiorari Quashed October 21, 1987.

Attorney(s) appearing for the Case

Rudolph B. Chavez, Chavez, Montes & Associates, P.C., Albuquerque, for plaintiff-appellant.

Michael T. Watkins, Gallagher & Casados, P.C., Albuquerque, for defendants-appellees.

OPINION

GARCIA, Judge.

Plaintiff appeals from a summary judgment on her claim for death benefits under the New Mexico Occupational Disease Disablement Law. Plaintiff raises two issues on appeal: 1) whether a surviving dependent spouse's claim for death benefits is an independent cause of action and, therefore, not time-barred under NMSA 1978, Section 52-3-42(C) (Cum.Supp. 1986) if filed within one year of decedent...

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