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MONTGOMERY WARD v. LARRAGOITE

No. 8834.

467 P.2d 399 (1970)

81 N.M. 383

MONTGOMERY WARD, Plaintiff-Appellant, v. Gilbert LARRAGOITE, Defendant-Appellee.

Supreme Court of New Mexico.

March 31, 1970.

Attorney(s) appearing for the Case

H.J. Guthmann, Santa Fe, Botts, Botts & Mauney, Albuquerque, for plaintiff-appellant.

Zinn & Donnell, Santa Fe, for defendant-appellee.

PER CURIAM:

Upon the court's own motion the opinion heretofore filed is withdrawn and the following is substituted therefor:

OPINION

MOISE, Chief Justice.

This is an appeal from a judgment on a counterclaim in favor of Gilbert Larragoite. The facts giving rise to the controversy are not in dispute.

Gilbert is an employee of Thunderhead Oil Company and lives in Albuquerque. He has several brothers, one of whom is Ben who lives with...

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