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MABREY v. MOBIL OIL CORPORATION

No. 838.

502 P.2d 297 (1972)

84 N.M. 272

Paul MABREY, Plaintiff-Appellee, v. MOBIL OIL CORPORATION, Defendant and Third-Party Plaintiff-Appellant, v. D.E. SPARGER, d/b/a Jet Construction Company, Third-Party Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied May 2, 1972.

Attorney(s) appearing for the Case

Mack Easley, Easley & Reynolds, Hobbs, for defendant and third-party plaintiff-appellant.

William J. Heck, Hobbs, for appellee Mabrey.

R.E. Richards, Girand & Richards, Neal & Neal, Hobbs, for third-party defendant-appellee Sparger.

OPINION

SUTIN, Judge.

Sparger, a third party defendant, moved to dismiss the appeal of Mobil Oil Corporation, third party plaintiff, for failure of Mobil Oil to give notice of appeal from a summary judgment in favor of Sparger. Summary judgment was granted Sparger before trial took place between plaintiff, Mabrey, and defendant Mobil Oil. We sustain the motion to dismiss.

On May 4, 1971, summary judgment in favor of Sparger was filed of record. The...

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