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LAUMBACH v. LAUMBACH

No. 5702.

270 P.2d 385 (1954)

58 N.M. 248

LAUMBACH v. LAUMBACH et al.

Supreme Court of New Mexico.

May 7, 1954.

Attorney(s) appearing for the Case

McAtee & toulouse, Eva Thomas and Wm. C. Marchiondo, Albuquerque, for appellant.

John B. Wright, Raton, C.E. McGinnis, Springer, for Joyce Laumbach.

Roberto L. Armijo, Las Vegas, for Rudolph Laumbach and Leona Laumbach, his wife.

LUJAN, Justice.

Appeal is from a judgment of the district court of San Miguel County dismissing plaintiff's complaint on the ground that he had wholly failed to sustain the allegations of his complaint. The complaint, among other things, alleged:

"That the defendant, Rudolph Laumbach, has at no time material herein paid any consideration to the said Peter J. Laumbach, Sr., or in any wise carried out any part of his said agreement to assist, care for, support...

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