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RIVERA v. ANCIENT CITY OIL CORPORATION

No. 6052.

302 P.2d 953 (1956)

61 N.M. 473

Encarnacion RIVERA, Administrator of the Estate of Alice Rivera, Deceased; Encarnacion Rivera, Administrator of the Estate of Russell James Rivera, an Infant, Deceased; and Encarnacion Rivera, an individual, plaintiff-appellant and Cross-Appellee, v. ANCIENT CITY OIL CORPORATION, a corporation, Defendant-Appellee and Cross-Appellant.

Supreme Court of New Mexico.

Rehearing Denied November 16, 1956.

Attorney(s) appearing for the Case

Joseph L. Smith, Henry A. Kiker, Jr., Albuquerque, for appellant.

Catron & Catron, Santa Fe, for appellee.

PER CURIAM.

Upon consideration of motion for rehearing, the original opinion filed herein is withdrawn and the following substituted therefor:

COMPTON, Chief Justice.

The plaintiff as an appellant in this Court complains of the action of the trial court in granting the motion of defendant for judgment notwithstanding the verdict on the plaintiff's first cause of action and from the judgment entered pursuant to said order. In his amended complaint upon...

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