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HARDIN v. FARRIS

No. 1374.

530 P.2d 407 (1974)

87 N.M. 143

Charles HARDIN and Sylvia Hardin, Plaintiffs-Appellants, v. Lee L. FARRIS, M.D., Defendant-Appellee.

Court of Appeals of New Mexico.

December 18, 1974.

Attorney(s) appearing for the Case

Melvyn D. Baron, Albuquerque, for plaintiffs-appellants.

Briggs F. Cheney, James R. Toulouse, James R. Toulouse & Associates, P.A., Albuquerque, for defendant-appellee.

OPINION

HERNANDEZ, Judge.

Plaintiffs appeal the order of the trial court granting defendant's motion for judgment on the pleadings. The trial court, by granting the motion, accepted all of the allegations in the complaint as true. The issue for the trial court was, then, whether plaintiff could recover or be entitled to relief under any state of facts provable under the claim. See Pattison v. Ford, 82 N.M. 605,

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