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NICHOLS v. TEXICO CONF. ASS'N OF SEVENTH DAY ADV.

No. 36.

430 P.2d 881 (1967)

78 N.M. App. 310

Joe NICHOLS, Plaintiff-Appellant, v. TEXICO CONFERENCE ASSOCIATION OF SEVENTH DAY ADVENTISTS, a Corporation, and Mart Koger, Defendants-Appellees.

Court of Appeals of New Mexico.

July 28, 1967.

Attorney(s) appearing for the Case

Lorenzo A. Chavez, Melvin L. Robins, Albuquerque, for appellant.

Frank H. Allen, Jr., Kenneth L. Harrigan, Modrall, Seymour, Sperling, Roehl & Harris, Albuquerque, for appellee.

No appearance for Mart Koger.

OPINION

WOOD, Judge.

The judgment is appealable neither under § 21-2-1(5), N.M.S.A. 1953, nor under § 21-1-1(54) (b), N.M.S.A. 1953. Therefore, it is dismissed.

Plaintiff filed a personal injury suit against Texico (Texico Conference Association of Seventh Day Adventists, a corporation) and Koger (Mart Koger). The complaint asserts the same negligence on the part of each defendant. The trial court

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