OPINION
EASLEY, Justice.
This case arose as a civil action for damages in the District Court of Bernalillo County. The trial court, finding § 49-6-1, N.M.S.A. 1953 (Repl. Vol. 7, 1966) applicable, granted the motion of defendant-appellee-petitioner (hereinafter Hilton) for partial summary judgment against plaintiff-appellant-respondent (hereinafter Haley). The Court of Appeals reversed and remanded for trial with each of the panel writing a separate...
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