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JEWELL v. SEIDENBERG

No. 9076.

477 P.2d 296 (1970)

82 N.M. 120

Bobbie L. JEWELL, and the minors, Tommie Jewell, III, and Michelle M. Jewell, by their next friend, Bobbie L. Jewell, Petitioners, v. Leonard SEIDENBERG and Louise Geng Seidenberg, Respondents.

Supreme Court of New Mexico.

November 16, 1970.

Attorney(s) appearing for the Case

Adams & Vallentine, Edward P. Chase, Albuquerque, for petitioners.

Modrall, Seymour, Sperling, Roehl & Harris, Allen C. Dewey, Jr., Joseph E. Roehl, Leland S. Sedberry, Albuquerque, for respondents.

Willard F. Kitts, Arturo G. Ortega, William E. Snead, Smith, Ransom & Deaton, McAtee, Marchiondo & Michael, Albuquerque, Standley, Witt & Quinn, Santa Fe, amici curiae.

OPINION

WATSON, Justice.

This case is before us on a writ of certiorari to the Court of Appeals. That court's opinion (decided June 12, 1970), appearing at 82 N.M. 88, 475 P.2d 785 (Ct.App. 1970), reversed a judgment for the plaintiff below upon the sole ground that the trial court had failed to give the mandatory New Mexico Uniform Jury Instruction 17.1, which reads:

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