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RADER v. DON J. CUMMINGS CO., INC.

No. 10920.

784 P.2d 38 (1989)

109 N.M. 219

Wallace RADER, Plaintiff-Appellee, v. DON J. CUMMINGS COMPANY, INC., a New Mexico Corporation, and Fireman's Fund Insurance Company, Defendants-Appellants. v. Fabian CHAVEZ, State Superintendent of Insurance, and the New Mexico Subsequent Injury Fund, Third-Party Defendants-Appellants.

Court of Appeals of New Mexico.

Certiorari Denied November 1, 1989.

Attorney(s) appearing for the Case

Eric S. Jeffries, C. Kristine Osnes, Sager, Curran, Sturges & Tepper, P.C., Albuquerque, for plaintiff-appellee.

James P. Lyle, Butt, Thornton & Baehr, P.C., Albuquerque, for defendants-appellants.

Byron Caton, Briones & Caton, P.A., Farmington, for third-party defendants-appellants.

OPINION

BIVINS, Chief Judge.

This court's opinion filed August 31, 1989, is withdrawn and the following substituted therefor.

Plaintiff Wallace Rader sued his employer, Don J. Cummings Company, Inc., and its insurance carrier, Fireman's Fund Insurance Company (hereinafter collectively referred to as "employer"), under the Workmen's Compensation Act, NMSA 1978, Sections 52-1-1 to -69 (Orig. Pamp.), and the Occupational Disease Disablement

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