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BROWN v. LUFKIN FOUNDRY & MACHINE COMPANY

No. 638.

487 P.2d 1104 (1971)

83 N.M. 34

Scott BROWN, Administrator of the Estate of Bobby Joe Winsor, deceased, Plaintiff-Appellant, v. LUFKIN FOUNDRY & MACHINE COMPANY, a corporation, and Gulf Oil Corporation, Defendants-Appellees.

Court of Appeals of New Mexico.

July 23, 1971.

Attorney(s) appearing for the Case

James L. Brown, John R. Phillips, Jr., Farmington, for plaintiff-appellant.

George T. Harris, Jr., Frank H. Allen, Jr., Peter J. Broullire, III, Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, for defendants-appellees.

OPINION

SUTIN, Judge.

A default judgment was granted plaintiff against defendant Lufkin in a wrongful death action for failure to answer within the time prescribed by law. The trial court set aside the default judgment, and plaintiff appeals. Defendant, Gulf Oil Corporation, having answered, is not a party to this appeal.

We affirm.

On March 17, 1969, the statutory agent of defendant Lufkin was duly served with process. Because of mistake...

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