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DEAN v. BIESECKER

No. 10138.

534 P.2d 481 (1975)

87 N.M. 389

Jack DEAN, Petitioner, v. Robert BIESECKER, Individually, and Mary Allen Blesecker, a minor, by his father and next friend, Robert Blesecker, Respondent.

Supreme Court of New Mexico.

April 30, 1975.

Attorney(s) appearing for the Case

LeRoi Farlow, Albuquerque, for petitioner.

Willard F. Kitts, John W. Boyd, Gallagher & Walker, Albuquerque, for respondent.

Modrall, Sperling, Roehl, Harris & Sisk, John R. Cooney, Albuquerque, Regan & Miles, Las Cruces, for amici curiae.

OPINION

OMAN, Justice.

This cause is here upon certiorari to the New Mexico Court of Appeals, which affirmed a judgment in favor of one of the plaintiffs. Biesecker v. Dean, 86 N.M. 564, 525 P.2d 924 (Ct.App. 1974). We reverse the Court of Appeals, reverse the district court, and remand the cause to the district court with directions to set aside its judgment and dismiss plaintiff's complaint...

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