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FORT v. NEAL

No. 8693.

444 P.2d 990 (1968)

79 N.M. 479

Harvey W. FORT, Administrator of the Estate of Albert Anton Neller, Jr., Deceased, and Albert Neller, Petitioners, v. Honorable Caswell S. NEAL, Judge of the District Court of Eddy County, New Mexico, Respondent.

Supreme Court of New Mexico.

September 9, 1968.

Attorney(s) appearing for the Case

Hinkle, Bondurant & Christy, Roswell, for petitioners.

Donald S. Bush, Artesia, McCormick, Lusk, Paine & Feezer, Carlsbad, for respondent.

OPINION

MOISE, Justice.

The petitioners herein are defendants in an action filed in Eddy County, New Mexico, wherein damages are being sought as the result of the deaths of two persons and injuries to a third, allegedly resulting from the negligence of petitioner Fort's decedent while riding as passengers in an automobile being driven by him owned by petitioner Neller.

Plaintiffs, in the district court, moved for and obtained an order requiring petitioners...

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