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KIRBY CATTLE CO. v. SHRINERS HOSP. FOR CRIPPLED CH.

No. 1969.

544 P.2d 1170 (1975)

88 N.M. 605

KIRBY CATTLE COMPANY, Plaintiff-Appellant, v. SHRINERS HOSPITALS FOR CRIPPLED CHILDREN, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted January 16, 1976.

Attorney(s) appearing for the Case

Patrick James Kirby, Taos, N.M., Joseph A. Sommer, Sommer, Lawler & Scheuer, P.A., Santa Fe, for plaintiff-appellant.

Raymond A. Baehr, Shaffer, Butt, Jones & Thornton, Albuquerque, for defendant-appellee.

OPINION

SUTIN, Judge.

Plaintiff, Kirby Cattle Company, a limited partnership (Kirby), appeals from an Order of Dismissal and Final Judgment which granted summary judgment to defendant, Shriners Hospitals for Crippled Children (Shriners). We reverse.

Kirby's appeal arises out of a denial of (1) its claim to a "first refusal" to purchase Shriners' land in Taos County, New Mexico, and (2) its right to file a first amended complaint.

We are confronted...

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