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INCA CONST. CO., INC. v. ROGERS

No. 17239.

943 P.2d 548 (1997)

123 N.M. 514

1997-NMCA-056

INCA CONSTRUCTION COMPANY, INC., Petitioner-Appellant, v. Sam ROGERS as Chief of the New Mexico Occupational Health and Safety Bureau, and Cecilia Haynes, Franklin D. Gee, and Toby E. Pacheco as members of the New Mexico Occupational Health and Safety Commission, New Mexico Environment Department, and New Mexico Occupational Health and Safety Commission, Respondents-Appellees.

Court of Appeals of New Mexico.

June 2, 1997.

Attorney(s) appearing for the Case

Amy Landau, Albuquerque, for Petitioner-Appellant.

Weldon L. Merritt, Geoffrey Sloan, Special Assistant Attorneys General, Assistant General Counsel, New Mexico Environment Department, Office of General Counsel, Santa Fe, for Respondents-Appellees Sam Rogers and the New Mexico Environment Department.

Tom Udall, Attorney General, William R. Brancard, Assistant Attorney General, Santa Fe, for Respondents-Appellees NMOHSRC & its members.

OPINION

BUSTAMANTE, Judge.

1. Inca Construction Company, Inc. (Inca) was a subcontractor on a United States Department of the Interior, Bureau of Reclamation (BOR) project located on land owned by the United States near Brantley Dam in Eddy County, New Mexico. Inca's work was primarily grading, backfilling, and earthmoving. On March 28, 1994, one of Inca's bulldozer operators struck a gas line and died as a result of the ensuing explosion. Both the...

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