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TROTTER v. CALLENS

No. 1831.

546 P.2d 867 (1976)

Lewis W. TROTTER and Norma Sue Trotter, Individually, and Lewis W. Trotter, as father and next friend of Sandra Lou Trotter, Wilburn T. Trotter and Eva Lee Trotter, minors; and John Mayo and Grace Mayo, Individually, and John Mayo, as father and next friend of Melanie Kay Mayo and Martha Claudine Mayo, minors, Plaintiffs-Appellants, v. R.D. CALLENS, d/b/a Associated Callens Flying Service, Craig Dunn, Underwriters at Lloyds, London, General Aircraft Insurance Ltd., Phoenix Assurance Co., Ltd., and La Concorde Per R. Malatier, Ltd., Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied March 1, 1976.

Attorney(s) appearing for the Case

George J. Hopkins, George T. Harris, Jr., Mel E. Yost, Allen C. Dewey, Jr., Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, for plaintiffs-appellants.

Charles A. Pharris, Keleher & McLeod, Albuquerque, for Callens and Dunn.

Thomas J. McBride, Johnson, Paulantis & Lanphere, Albuquerque, for Underwriters, General Aircraft Ins., Phoenix Assurance, La Concorde Per R. Malatier.

OPINION

HERNANDEZ, Judge.

The plaintiffs sued the defendants, R.D. Callens and Craig Dunn, d/b/a Associated Flying Service (Flying Service), their insurance carriers (Insurance Carriers), and Hercules, Inc. (Hercules) manufacturer of the pesticide, for personal and property damages on theories of trespass, carrying on an ultrahazardous activity, gross negligence, and nuisance. Flying Service, in turn filed a cross-claim against Hercules, alleging its liability...

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