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TORRES v. SMITH'S MANAGEMENT CORP.

No. 12668.

807 P.2d 245 (1991)

111 N.M. 547

Sophie TORRES, Plaintiff, v. SMITH'S MANAGEMENT CORP., a foreign corporation d/b/a Smith's Food King, Defendant/Third-Party Plaintiff-Appellant, v. Fabian CHAVEZ, Superintendent of Insurance of the Department of Insurance for the State of New Mexico, and the Subsequent Injury Fund, Third-Party Defendants-Appellees.

Court of Appeals of New Mexico.

February 26, 1991.

Attorney(s) appearing for the Case

Leonard J. Padilla, Daniel E. Ramczyk, Miller, Stratvert, Torgerson & Schlenker, P.A., Albuquerque, for defendant/third-party plaintiff-appellant.

Barbara L. Shapiro, Robert J. Wagoner, Poole, Tinnin & Martin, P.C., Albuquerque, for third-party defendants-appellees.

OPINION

MINZNER, Judge.

Employer appeals the district court's denial of its claim against the Subsequent Injury Fund (Fund). Our calendar notice proposed dismissal of the appeal because employer filed its notice of appeal with this court instead of with the district court. No notice of appeal was filed with the district court clerk, although a copy was sent to the district court judge who tried the case. Employer filed a memorandum in opposition to the calendar...

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