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GULF OIL CORP. v. ROTA-CONE FIELD OPERATING CO.

No. 938.

505 P.2d 78 (1972)

84 N.M. 483

GULF OIL CORPORATION, Plaintiff-Appellant, v. ROTA-CONE FIELD OPERATING COMPANY, Defendant-Appellee.

Court of Appeals of New Mexico.

Rehearing Denied December 27, 1972.

Attorney(s) appearing for the Case

Byron Caton, White & Caton, Farmington, W.V. Kastler, Midland, Tex., for plaintiff-appellant.

R. Thomas Dailey, Charles M. Tansey, Jr., Tansey, Rosebrough, Roberts & Gerding, Farmington, for defendant-appellee.

OPINION

SUTIN, Judge.

Gulf Oil appeals the dismissal of its third party complaint against Rota-Cone.

We affirm.

Rota-Cone was the employer of a deceased workman and became obligated under the New Mexico Workmen's Compensation Act to pay benefits to surviving dependents.

The administrator of the deceased workman filed a wrongful death action against Gulf Oil. Gulf Oil sought recovery over against Rota-Cone by reason of an express agreement...

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