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ROSS v. SOUTER

No. 394.

464 P.2d 911 (1970)

81 N.M. 181

Howard ROSS, Individually and as natural guardian and as next friend of Levi Ross, a minor, Plaintiff-Appellant, v. Michael SOUTER and Frank L. Souter and Allean A. Souter, Defendants-Appellees.

Court of Appeals of New Mexico.

January 16, 1970.

Attorney(s) appearing for the Case

Menig & Sager, Edward T. Curran, Albuquerque, for appellant.

Harry E. Stowers, Jr., Bruce C. Redd, Albuquerque, for appellees.

OPINION

SPIESS, Chief Judge.

Plaintiff, Howard Ross, individually and as next friend of his minor son, Levi Ross, brought this action against Frank Souter, his wife and minor son, Michael Souter, to recover damages claimed to have been sustained by plaintiff and his son as a result of a fight which occurred between Levi Ross and Michael Souter. The first amended complaint alleges:

"That the minor Defendant, Michael Souter, has in the past shown...

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