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GUTHRIE v. U.S. LIME AND MINING CORPORATION

No. 9045.

477 P.2d 817 (1970)

82 N.M. 183

Lee GUTHRIE, Trustee for the Debenture Holders of Reese Mining and Manufacturing Co., Inc., Owners of all Properties Formerly Owned by Reese Mining and Manufacturing Co., Inc., Plaintiff-Appellee, v. U.S. LIME AND MINING CORPORATION, Defendant-Appellant.

Supreme Court of New Mexico.

December 14, 1970.

Attorney(s) appearing for the Case

Robertson & Reynolds, Silver City, for appellant.

Sherman & Sherman, Deming, for appellee.

OPINION

McKENNA, Justice.

The appellant U.S. Lime and Mining Corporation, the defendant below, seeks to set aside a default judgment granted to the appellee pursuant to its motion under Rule 60(b) (§ 21-1-1(60) (b), N.M.S.A. 1953). The court after hearing the evidence found that the defendant failed to establish inadvertence or excusable neglect or that it had a good and valid defense to the cause of action and denied the motion provided a certain credit...

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