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CALLAWAY v. OLGUIN

No. 820.

497 P.2d 978 (1972)

83 N.M. 767

Albert O. CALLAWAY and Laurette Callaway, Plaintiffs-Appellants, v. Sammy C. OLGUIN, Jr., and State Farm Mutual Insurance Company, a corporation, Defendants-Appellees.

Court of Appeals of New Mexico.

May 12, 1972.

Attorney(s) appearing for the Case

Bill Chappell, Jr., Branch & Dickson, Albuquerque, for plaintiffs-appellants.

R.D. Mann, John W. Bassett, Jr., Atwood, Malone, Mann & Cooter, Roswell, for appellee State Farm Mut. Ins. Co.

OPINION

SUTIN, Judge.

The Callaways sued Olguin for personal injuries arising out of a motor vehicle accident. Olguin was uninsured. They sued State Farm Mutual Insurance Company on the basis of uninsured motorist coverage in policies issued to the Callaways. At the close of Mr. Callaway's testimony, the trial court directed a verdict in favor of defendants and against Mr. Callaway. It found Mr. Callaway was negligent as a matter of law, and such negligence...

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