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GANDARA v. WILSON

No. 1060.

509 P.2d 1356 (1973)

85 N.M. 161

Betty GANDARA, as personal representative of Manuel Gandara, Deceased, and Betty Gandara, Individually and as surviving spouse of the said Deceased, Plaintiff-Appellant and Cross-Appellee, v. John S. WILSON, Defendant-Appellee and Cross-Appellant.

Court of Appeals of New Mexico.

April 20, 1973.

Attorney(s) appearing for the Case

Stanley C. Sager, Menig, Sager & Curran, Albuquerque, for plaintiff-appellant and cross-appellee.

James R. Toulouse, Mary C. Walters, Albuquerque, for defendant-appellee and cross-appellant.

OPINION

SUTIN, Judge.

This is an appeal by plaintiff from a summary judgment granted defendant in a medical malpractice case. Defendant cross-appealed for failure of the trial court to consider affidavits filed in support of his motion for summary judgment.

We affirm.

There is no Genuine Issue of Fact Upon Which to Deny Defendant Summary Judgment.

Plaintiff concedes that defendant made a prima facie showing of an absence...

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