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PROCTOR v. WAXLER

No. 606.

488 P.2d 108 (1971)

83 N.M. 58

Carolyn Kay PROCTOR and Roger K. Proctor, Plaintiffs-Appellants, v. James WAXLER et al., Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Issued August 19, 1971.

Attorney(s) appearing for the Case

Willard F. Kitts, Albuquerque, for plaintiffs-appellants.

William K. Stratvert, Keleher & McLeod, Albuquerque, for defendants-appellees.

OPINION

SUTIN, Judge.

This is a "slip and fall" on "ice and snow" summary judgment for defendants.

We reverse.

The City of Albuquerque is the owner, and Waxler and Johnson are operators of a public parking building at Fourth and Silver in Albuquerque, New Mexico. Carolyn Kay Proctor was a tenant who regularly occupied an automobile parking space for rent on the uncovered top floor. Johnson and Waxler maintained and operated the structure...

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