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VARNEY v. TAYLOR

No. 8843.

463 P.2d 511 (1969)

81 N.M. 87

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

Supreme Court of New Mexico.

Rehearing Denied January 27, 1970.

Attorney(s) appearing for the Case

James L. Brown, Farmington, for plaintiff-appellant.

White & Caton, Farmington, for defendant-appellee Dennis Leo Taylor.

Botts, Botts & Mauney, Albuquerque, Tansey, Rosebrough, Roberts & Gerding, Farmington, for defendant-appellee Arrow Gas Service Co.

OPINION

TACKETT, Justice.

This opinion should finally decide a cause of action that has traveled a long and rocky road through our courts. The action was commenced in the District Court of San Juan County, New Mexico, to recover damages for wrongful death. After trial without a jury, judgment was entered in favor of plaintiff on February 4, 1964. On appeal and cross-appeal, this court, in Varney v. Taylor, 77 N.M. 28,

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