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MARBERRY SALES, INC. v. FALLS

No. 12028.

592 P.2d 178 (1979)

92 N.M. 578

MARBERRY SALES, INC., a New Mexico Corporation, Plaintiff-Appellee, v. D.W. FALLS, Individually, et al., Defendants-Appellees. MARBERRY SALES, INC., a New Mexico Corporation, Plaintiff-in-Interpleader-Appellee, v. Jack HELLER, Defendant-in-Interpleader-Appellant, MARBERRY SALES, INC., Plaintiff-Appellee, v. Jack T. HELLER, Defendant-Appellant, and William Weiss, Defendant.

Supreme Court of New Mexico.

March 6, 1979.

Attorney(s) appearing for the Case

Ken Neundorf, Joe Duran, Albuquerque, Saul M. Meadow, Beverly Hills, Cal., for Jack Heller.

Ahern & Montgomery, Robert D. Montgomery, Albuquerque, for Marberry Sales.

Rodey, Dickason, Sloan, Akin & Robb, Kenneth R. Brandt, Albuquerque, for First Nat. Bank of Albuquerque.

Keleher & McLeod, Arthur O. Beach, Albuquerque, for D.W. Falls.

OPINION

SOSA, Chief Justice.

The issue presented in this cause is whether the trial court erred in denying appellant's motion to set aside a default judgment entered against him on May 19, 1976. We find no error in the trial court's refusal to set aside the default judgment and affirm the judgment below.

Marberry Sales, Inc., (plaintiff-appellee) filed suit against D.W. Falls, Falls Land and Development Corporation, Inc., First National Bank of Albuquerque...

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