Legal Opinion

Malone v. Swift Fresh Meats Co.

New Mexico Supreme Court

Decided February 2, 1978No. 11688PublishedCited by 22 opinions

1Opinion of the Court

OPINION

EASLEY, Justice.

Melvin J. Malone, plaintiff-appellant (Malone), filed this workmen’s compensation suit against defendants-appellees, Swift Fresh Meats Company, his employer, and Globe Life Insurance Company, the employer’s insurer, (Swift, Globe or defendants). The trial court dismissed the complaint and the Court of Appeals affirmed. We reverse the decision of the Court of Appeals.

The issues are (1) whether a plaintiff’s right to amend his workmen’s compensation claim as a matter of course, where no responsive pleading has been filed, is waived when, after having already filed an…

2Cases cited33 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. United States v. Louisiana the Louisiana Boundary CaseSupreme Court of the United States · 1969
  3. Martinez v. Research Park, Inc.New Mexico Supreme Court · 1965
  4. Feddersen Motors, Inc. v. WardCourt of Appeals for the Tenth Circuit · 1950
  5. Kelly v. Delaware River Joint CommissionCourt of Appeals for the Third Circuit · 1951

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3Cited by22 opinions

  1. Vaughn v. United Nuclear Corp.New Mexico Court of Appeals · 1982
  2. Zamora v. St. Vincent HospitalNew Mexico Supreme Court · 2014
  3. Southern Union Exploration Co. v. Wynn Exploration Co.New Mexico Court of Appeals · 1981
  4. Trujillo v. PuroNew Mexico Court of Appeals · 1984
  5. Baer v. Regents of University of Cal.New Mexico Court of Appeals · 1994

17 more not listed; retrieve them via the Exa API.

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