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DUNAKIN v. THOMAS

Civ. No. 3142.

141 F.Supp. 377 (1956)

Mary B. DUNAKIN and Ray R. Dunakin, Plaintiffs, v. Robert L. THOMAS and Loba Thomas, Defendants.

United States District Court D. New Mexico.

June 15, 1956.

Attorney(s) appearing for the Case

Edward E. Colby, Albuquerque, N. M., for plaintiffs.

Keleher & McLeod, Albuquerque, N. M., for defendants.

Ruth C. Streeter, Albuquerque, N. M., amicus curiae.

HATCH, Chief Judge.

Mary B. Dunakin and Ray R. Dunakin brought suit in the Second Judicial District Court of the State of New Mexico against Robert L. Thomas and Loba Thomas, seeking to recover damages for personal injuries allegedly sustained by Mary B. Dunakin and for money expended for hospital, drugs and doctor bills.

The defendants removed the suit to this Court and subsequently filed a motion for summary judgment on the ground that the case is one falling...

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