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RAINBO BAKING CO. OF ALBUQUERQUE v. APODACA

No. 1769.

542 P.2d 1191 (1975)

RAINBO BAKING COMPANY OF ALBUQUERQUE, INCORPORATED, a Foreign Corporation, and Kimbell, Incorporated, d/b/a Foodway, a Foreign Corporation, Plaintiffs-Appellees, v. Eddie APODACA, Defendant-Appellant.

Court of Appeals of New Mexico.

Rehearing Denied October 24, 1975.

Attorney(s) appearing for the Case

J. Ronald Boyd, Sanchez & Boyd, P.A., Santa Fe, for defendant-appellant.

David R. Sierra, Santa Fe, for plaintiffs-appellees.

OPINION

SUTIN, Judge.

Plaintiffs were granted summary judgment against defendant in a tort action for fraud, forgery, conversion and embezzlement. Both compensatory and exemplary damages were awarded plaintiffs. Defendant appeals. We reverse.

A. There was a genuine issue as to a material fact.

(1) Plaintiffs' Evidence

Defendant was a truck salesman for Rainbo Baking Company. He sold bread and cakes and merchandise...

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