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PINO v. BUDWINE

No. 11437.

568 P.2d 586 (1977)

90 N.M. 750

Joe PINO, Thomas J. Clear, Jr. and Belarmino R. Gonzales, Petitioners, v. W.J. BUDWINE and W.J. Budwine, Trustee, El Valle State Bank Trust, Respondent.

Supreme Court of New Mexico.

Rehearing Denied September 9, 1977.

Attorney(s) appearing for the Case

Mary C. Walters, Terrance L. Dolan, Albuquerque, for petitioners.

Lamb, Metzgar, Franklin & Lines, Albuquerque, for respondent.

OPINION

SOSA, Justice.

Plaintiffs Joe Pino, Thomas Clear, Jr., and Belarmino Gonzales brought suit against W.J. Budwine individually and as trustee of the El Valle State Bank Trust for breach of trust and trover. The trial court found for the defendant. The Court of Appeals affirmed. We granted certiorari and reverse the Court of Appeals.

On December 18, 1972, plaintiffs, defendant W.J. Budwine [hereinafter Budwine] and others executed a trust indenture...

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