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DEN-GAR ENTERPRISES v. ROMERO

No. 3771.

611 P.2d 1119 (1980)

94 N.M. 425

DEN-GAR ENTERPRISES, a limited partnership, Plaintiff-Appellant, v. Bennie C. ROMERO and Jose Ben Romero, Defendant-Appellees.

Court of Appeals of New Mexico.

Writ of Certiorari Denied February 26, 1980.

Attorney(s) appearing for the Case

William A. Sawtell, Catron, Catron & Sawtell, Santa Fe, for plaintiff-appellant.

J.E. Gallegos, Peter V. Culbert, Jones, Gallegos, Snead & Wertheim, Santa Fe, for defendants-appellees.

OPINION

ANDREWS, Judge.

The plaintiffs sued to quiet title to land claimed by them and Den-Gar,1 and to recover damages for slander of title. Den-Gar counterclaimed for quiet title. The district court, sitting without a jury, ruled in favor of plaintiffs.

In its appeal Den-Gar raises three main issues:

1. Is review of the trial court's denial of defendant's Rule 41(b) motion permitted where defendant, after denial...

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