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APODACA v. GORDON

No. 1345.

521 P.2d 1159 (1974)

Harry APODACA d/b/a Chama Appliance Center, Plaintiff-Appellee, v. James P. GORDON, Jr., Defendant-Appellant.

Court of Appeals of New Mexico.

April 10, 1974.

Attorney(s) appearing for the Case

Jerrald J. Roehl, Johnson, Paulantis & Lanphere, Albuquerque, for defendant-appellant.

James M. Scarborough, Scarborough & Scarborough, Santa Fe, for plaintiff-appellee.

OPINION

LOPEZ, Judge.

Plaintiff sued defendant for wrongfully stopping payment on a check. On April 23, 1973, defendant mailed to plaintiff's counsel a request for admissions pursuant to N.M.R.Civ.P. 36, § 21-1-1(36), N.M.S.A. 1953 (Repl.Vol. 4). The request was filed in district court on April 30, 1973. On May 23, 1973, defendant filed a motion for summary judgment contending that the matters in the request...

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