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FIRST NAT. BANK IN ALBUQUERQUE v. BENSON

No. 2189.

553 P.2d 1288 (1976)

89 N.M. 481

FIRST NATIONAL BANK IN ALBUQUERQUE, Ancillary Executor and Personal Representative of the Estate of Walter F. Murphy and Margaret M. Murphy, Deceased, Plaintiff-Appellee, v. Olive Gruen BENSON, Executrix of the Estate of William R. Benson, Deceased, Defendant-Appellant.

Court of Appeals of New Mexico.

Rehearing Denied August 10, 1976.

Certiorari Denied September 16, 1976.

Attorney(s) appearing for the Case

Kenneth R. Brandt, Bruce D. Hall, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, for defendant-appellant.

Joseph M. Fine, Albuquerque, for plaintiff-appellee.

OPINION

SUTIN, Judge.

This is a wrongful death action governed by § 22-20-3, N.M.S.A. 1953 (Vol. 5). By interlocutory appeal, defendant claims the trial court erred in denying him summary judgment because all of plaintiff's and defendant's decedents were residents of Missouri, having died in an airplane crash in New Mexico; that the State of Missouri alone had jurisdiction over the parties and the subject matter under the "significant contacts choice...

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