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FOUNDATION RESERVE INS. CO. v. MARTIN

No. 176.

449 P.2d 339 (1968)

79 N.M. 737

FOUNDATION RESERVE INS. CO., Inc., Plaintiff-Appellant, v. Roy Elliott MARTIN, Lease Motor Vehicle Co., a Corp., and Robert L. Avery, Defendants-Appellees.

Court of Appeals of New Mexico.

December 27, 1968.

Attorney(s) appearing for the Case

Leslie D. Ringer, Santa Fe, for plaintiff-appellant.

John P. Duffy, Farlow & Duffy, John J. Duhigg, Sheehan & Duhigg, Albuquerque, for defendants-appellees.

OPINION

OMAN, Judge.

This is an appeal from the denial of a motion to vacate an order of abatement. Plaintiff is the appellant and defendants, Martin and Lease Motor Vehicle Co., hereinafter called Lease, are the appellees.

By the complaint in this cause, which was filed in San Miguel County on October 21, 1966, plaintiff sought recovery from Martin and Lease of the amount plaintiff allegedly paid defendant Avery by way of medical expenses under...

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