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WISEHART v. MOUNTAIN STATES TELEPHONE & TEL. CO.

No. 265.

453 P.2d 771 (1969)

80 N.M. 251

George WISEHART, Plaintiff and Appellant, v. MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY and Kit Carson Electric Co-Op., Defendants and Appellees.

Court of Appeals of New Mexico.

Rehearing Denied April 7, 1969.

Certiorari Denied April 30, 1969.

Attorney(s) appearing for the Case

Eliu E. Romero, Taos, Frank Bachicha, Jr., Bachicha & Corlett, Santa Fe, for appellant.

G. Stanley Crout, Bigbee & Byrd, Sumner G. Buell, Montgomery, Federici, Andrews, Hannahs & Morris, Santa Fe, for appellees.

OPINION

OMAN, Judge.

Plaintiff appeals from a summary judgment entered in favor of defendants. The sole question presented is whether the pleadings, plaintiff's deposition, and two affidavits filed by defendants, in support of their respective motions, show there is no genuine issue as to any material fact and that defendants are entitled to judgment as a matter of law. Section 21-1-1(56) (c), N.M.S.A. 1953. In...

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