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HOLLARS v. SOUTHERN PACIFIC TRANSP. CO.

No. 10475.

792 P.2d 1146 (1989)

Larry Douglas HOLLARS, Plaintiff-Appellant, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY, a corporation, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Quashed May 2, 1990.

Attorney(s) appearing for the Case

Jerald A. Valentine, G. Brent Poirier, Las Cruces, for plaintiff-appellant.

W. Booker Kelly, White, Koch, Kelly & McCarthy, P.A., Santa Fe, for defendant-appellee.

OPINION

APODACA, Judge.

Larry Douglas Hollars (plaintiff) appeals an order dismissing his claims with prejudice. Although defendant Southern Pacific Transportation Company (the Company) moved for dismissal of the claims pursuant to SCRA 1986, 1-012(B)(6), the trial court treated the motion as one for summary judgment. Plaintiff's complaint stated claims for: (1) benefits under the Federal Employers' Liability Act (FELA), 45 U.S.C. Section 51 et seq. (1982...

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