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VARNEY v. TAYLOR

No. 8475.

448 P.2d 164 (1968)

79 N.M. 652

J.R. VARNEY, Administrator of the Estate of Jackie Raymond Varney, Deceased, Plaintiff-Appellee and Cross-Appellant, v. Dennis Leo TAYLOR and Arrow Gas Service Company, Defendants-Appellants and Cross-Appellees.

Supreme Court of New Mexico.

December 2, 1968.

Attorney(s) appearing for the Case

James L. Brown, Cooney & Briones, Farmington, for appellee and cross-appellant.

Tansey, Rosebrough & Roberts, Richard L. Gerding, Farmington, Botts, Botts & Mauney, Albuquerque, for appellant and cross-appellee Arrow Gas.

White & Musgrove, Farmington, for appellant and cross-appellee Taylor.

OPINION

NOBLE, Justice.

This is the third appeal of this case. We are not concerned in the present appeal with issues decided on the first appeal. (Varney v. Taylor, 71 N.M. 444, 379 P.2d 84). Thus, except when reference is expressly made to the first appeal, all references to the prior appeal or to the decision therein relate to the second appeal, 77 N.M. 28

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