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CHRISTMAN v. HOLLAND

No. 3216.

584 P.2d 198 (1978)

92 N.M. 151

Ernest H. CHRISTMAN and Ruth E. Christman, Plaintiffs-Appellants, v. J. Read HOLLAND and Elizabeth C. Holland, his wife, Defendants-Appellees.

Court of Appeals of New Mexico.

August 22, 1978.

Attorney(s) appearing for the Case

E. Douglas Latimer, Albuquerque, for plaintiffs-appellants.

Harry O. Morris, Albuquerque, for defendants-appellees.

OPINION

SUTIN, Judge.

Christman sued Holland for fraud arising out of the sale to Christman of a residential dwelling. On motion to dismiss on grounds of res judicata, the trial court dismissed Christman's complaint with prejudice. Christman appeals. We reverse.

The judgment entered grew out of two prior lawsuits.

(1) On May 2, 1975, Cause No. 5-75-02127 was filed in the Bernalillo County District Court. J.B. McIntire was plaintiff, with...

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