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PERRY v. STAVER

No. 447.

473 P.2d 380 (1970)

81 N.M. 766

John E. PERRY, Ancillary Administrator of the Estate of Warren M. Kitter and Personal Representative of Warren M. Kitter, Plaintiff-Appellant, v. Hugh Michael STAVER and Edward Junker, Defendants-Appellees.

Court of Appeals of New Mexico.

July 24, 1970.

Attorney(s) appearing for the Case

Alfred H. McRae, Douglas T. Francis, Albuquerque, for appellant.

Denny, Glascock & McKim, Gallup, J.L. Leftow, Lewis R. Sutin, Albuquerque, for appellees.

OPINION

OMAN, Judge.

Plaintiff appeals from a judgment dismissing his complaint for the alleged wrongful death of Warren M. Kitter. We affirm.

Decedent was struck by defendants' pickup truck in McKinley County, New Mexico, and died in said county on July 24, 1965. Suit for his alleged wrongful death was first filed against defendants by a claimed ancillary administrator in Valencia County, New Mexico, on September 21, 1967. On January 15, 1969, the...

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