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BILLINGSLEY v. JEA CO., INC.

No. 13093.

836 P.2d 87 (1992)

114 N.M. 168

David W. BILLINGSLEY and Nellie Billingsley, Plaintiffs-Appellees/Cross-Appellants, v. JEA CO., INC., d/b/a Giant Travel Center, and Aetna Casualty & Surety Company, Defendants-Appellants/Cross-Appellees.

Court of Appeals of New Mexico.

May 26, 1992.

Attorney(s) appearing for the Case

John R. Polk, Albuquerque, for plaintiffs-appellees/cross-appellants.

Paula I. Forney, Pelton & O'Brien, Albuquerque, for defendants-appellants/cross-appellees.

OPINION

MINZNER, Judge.

This appeal presents issues under Arizona and New Mexico law regarding a workers' compensation carrier's statutory lien. Worker and his spouse (Mr. and Mrs. Billingsley) settled their claims for personal injuries against a third-party tortfeasor (JEA). The carrier (Aetna) sought to recover the entire settlement sum to satisfy its statutory lien for compensation benefits paid to Mr. Billingsley. The district court concluded that Mrs...

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