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STRYKER v. BARBERS SUPER MARKETS, INC.

No. 370.

462 P.2d 629 (1969)

81 N.M. 44

Robert L. STRYKER and Stryker Realty, Inc., a New Mexico Corporation, Plaintiffs-Appellants, v. BARBERS SUPER MARKETS, INC., a New Mexico Corporation, and J.C. Horn, Defendants-Appellees.

Court of Appeals of New Mexico.

December 5, 1969.

Attorney(s) appearing for the Case

J.R. Crouch, Crouch & Lenko, Las Cruces, for plaintiffs-appellants.

W.A. Sloan, Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, for defendants-appellees.

OPINION

WOOD, Judge.

The appeal is concerned with the privilege accorded to libelous matter appearing in pleadings filed in a lawsuit.

Defendants herein sued the plaintiffs in the District Court of Bernalillo County. Defendants' complaint alleged plaintiffs conspired to and in fact did perpetrate a fraud upon defendants and recovered a secret profit. The complaint alleged these acts were in violation of...

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