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RAEL v. F & S CO., INC.

No. 3486.

612 P.2d 1318 (1979)

94 N.M. 507

Ramon N. RAEL, Individually and as Father and Next Friend of Everett Rael, a Minor, Plaintiff-Appellee, v. F & S COMPANY, INC., a/k/a Flaming Arrow Fireworks Company, a New Mexico Corporation, Defendant-Appellant, v. ONDA ENTERPRISES, LTD., Defendant-Appellee.

Court of Appeals of New Mexico.

Rehearing Denied October 24, 1979.

Writ of Certiorari Quashed May 22, 1980.

Attorney(s) appearing for the Case

John J. Carmody, Jr., Kanter & Carmody, Albuquerque, for defendant-appellant.

Joseph Warner, III, and Charles G. Berry, Marchiondo & Berry, Albuquerque, for defendant-appellees.

OPINION

ANDREWS, Judge.

Twelve year old Everett Rael was injured by a sudden explosion of a firework. His father filed this action against the fireworks supplier, Onda Enterprises, Ltd. (Onda), and the seller, F & S Company, Inc. (F & S). After the court dismissed cross-claims filed by both defendants in which each sought indemnity from the other, the jury returned a verdict for $7,000 for Everett and ...

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