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SPRINGER CORP. v. DALLAS & MAVIS FORWARDING

No. 2541.

559 P.2d 846 (1976)

90 N.M. 58

SPRINGER CORPORATION, Plaintiff-Appellee, v. DALLAS & MAVIS FORWARDING COMPANY, INC., and Mack Trucks, Inc., Defendants-Cross Appellants, and Firestone Tire & Rubber Company, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Quashed February 3, 1977.

Attorney(s) appearing for the Case

Ray H. Rodey, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, for defendant-appellant Firestone.

Peter J. Adang, Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, for defendants-cross appellant Mack Trucks.

Leslie L. Rakestraw, Oldaker & Oldaker, Albuquerque, for appellee Springer.

Bill Chappell, Jr., Johnson, Paulantis & Lanphere, Albuquerque, for co-appellee and cross-appellant Dallas and Mavis.

OPINION

WOOD, Chief Judge.

The appeal involves the blowout of a new tire which had been driven approximately 40 miles. Springer (Springer Corporation) ordered a truck from Mack (Mack Trucks, Inc.). The truck was equipped with tires manufactured by Firestone (Firestone Tire & Rubber Company). Mack turned the completed truck over to Dallas (Dallas & Mavis Forwarding Company, Inc.) for delivery to Springer. The tire blew, and the truck wrecked, shortly...

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