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U. S. EX REL. HORNELL v. ONE 1976 CHEVROLET, ETC.

Civ. No. 76-222.

425 F.Supp. 550 (1976)

UNITED STATES of America ex rel. Carl B. HORNELL and Mary A. Hornell, Plaintiffs, v. ONE 1976 CHEVROLET STATION WAGON, SERIAL NO. 1L45U6S107585 et al., Defendants.

United States District Court, D. New Mexico.

December 15, 1976.

Attorney(s) appearing for the Case

Robert C. Ericson, Michael M. Celestre, Window Rock, Ariz., for plaintiffs.

Fred McCarthy, Timothy Vidal, Gallup, N.M., Jerrald J. Roehl & Associates, Albuquerque, N.M., for Navajo Motors.

Peter J. Adang, Albuquerque, N.M., for Merchants Bank of Gallup.

MEMORANDUM OPINION

PAYNE, Chief Judge.

This matter having come on for consideration upon the joint motion of the defendants, Navajo Motors and The Merchants Bank, to dismiss the plaintiffs' second claim and for an order dismissing the second claim.

The Court has considered the memoranda filed, together with the affidavits, exhibits, depositions, and the entire file in this cause and concludes that the motion is well taken and should be granted.<...

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