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CUPPS v. SOUTHWESTERN PUBLIC SERVICE CO.

No. 3043.

578 P.2d 340 (1978)

91 N.M. 639

Raymond V. CUPPS, Administrator of the Estate of David Lynn Cupps, Deceased, and Raymond v. Cupps, as Personal Representative of the Estate of David Lynn Cupps, Deceased, Plaintiff-Appellant, v. SOUTHWESTERN PUBLIC SERVICE COMPANY, a corporation, and Graves Brothers, Inc., a New Mexico Corporation, Defendants-Appellees.

Court of Appeals of New Mexico.

Writ of Certiorari Denied May 9, 1978.

Attorney(s) appearing for the Case

Robert I. Waldman, Roswell, for plaintiff-appellant.

Harold L. Hensley, Jr., Hinkle Cox, Eaton, Coffield & Hensley, Roswell, and Mac W. Hancock, III, Gibson, Ochsner, Adkins, Harlan & Hankins, Amarillo, Tex., for Southwestern Public Service Co.

William W. Bivins, Bivins, Weinbrenner & Reagan, Las Cruces, for Graves Bros., Inc.

OPINION

LOPEZ, Judge.

The plaintiff-appellant filed a wrongful death action against the defendant-appellee, Southwestern Public Service Company (Southwestern) and the defendant-appellee Graves Brothers, Inc., (Graves) to recover damages for the death of his son. Summary judgment was granted by the trial court in favor of the defendants-appellees. We affirm.

The appellant presents three points on appeal: (1) material issues exist relative to the negligence...

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