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TORRES v. GONZALES

No. 8692.

450 P.2d 921 (1969)

Xavier TORRES, Plaintiff-Appellant, v. Victoria GONZALES, Defendant-Appellee.

Supreme Court of New Mexico.

February 24, 1969.

Attorney(s) appearing for the Case

Wright & Kastler, Raton, for plaintiff-appellant.

Duran & Goodman, Albuquerque, for defendant-appellee.

OPINION

COMPTON, Justice.

Xavier Torres, the putative father, brought this action to obtain the custody of the minor child from its mother, Victoria Gonzales. During the course of the trial, and before the plaintiff had rested his case, the court sustained defendant's motion to dismiss with prejudice, and the plaintiff appeals.

The court dismissed the action on the grounds, (a) lack of an indispensable party, Saturnino L. Trujillo, formerly the husband...

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