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NOVAK v. DOW

No. 498.

474 P.2d 712 (1970)

Marie NOVAK, Plaintiff-Appellant, v. Red DOW and Albuquerque National Bank, Defendants-Appellees.

Court of Appeals of New Mexico.

September 4, 1970.

Attorney(s) appearing for the Case

John B. Speer, Albuquerque, for appellant.

Peter J. Adang, Modrall, Seymour, Sperling, Roehl & Harris, Albuquerque, for appellee Albuquerque National Bank.

James A. Maloney, Atty. Gen., Ray Shollenbarger, Asst. Atty. Gen., Santa Fe, for appellee Red Dow.

OPINION

WOOD, Judge.

Plaintiff's damage suit claimed Sheriff Dow wrongfully refused to conduct an execution sale and claimed the Albuquerque National Bank unlawfully obtained a delay in the scheduled sale. The Bank counterclaimed, asserting a right to possession of the car involved and asserting a security interest superior to the execution levy. The trial court granted summary judgment adverse to plaintiff on all

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