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BUCHANAN v. CARPENTER

No. 6386.

338 P.2d 292 (1959)

65 N.M. 389

L.C. BUCHANAN, Plaintiff-Appellant, v. Ancil CARPENTER, Defendant-Appellee.

Supreme Court of New Mexico.

April 21, 1959.

Attorney(s) appearing for the Case

J.B. Newell, Thomas B. Rapkoch, Las Cruces, for appellant.

R.C. Garland, James T. Martin, Jr., E. Forrest Sanders, Las Cruces, for appellee.

PER CURIAM.

It is ordered that the original opinion and the opinion on rehearing, heretofore filed herein, be and the same are hereby withdrawn and the opinion to follow substituted therefor.

SADLER, Justice.

Upon further consideration of this cause upon rehearing, we have concluded that in the first and original opinion filed we erroneously announced that appellee's (defendant's) motion for dismissal of the appeal was not well taken and should be...

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