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BOLLES v. SMITH

No. 12098.

591 P.2d 278 (1979)

92 N.M. 524

Paul J. BOLLES, Petitioner, v. Cleo W. SMITH, Administratrix of the Estate of Ronnie D. Kelly, Deceased, and Transport Indemnity Company, Don Ward and Company, Respondents.

Supreme Court of New Mexico.

February 23, 1979.

Attorney(s) appearing for the Case

Horton, Roybal & Crollett, Adams & Foley, Albuquerque, for petitioner.

Rodey, Dickason, Sloan, Akin & Robb, Charles B. Larrabee, Civerolo, Hansen & Wolf, Albuquerque, for respondents.

OPINION

FEDERICI, Justice.

Our original opinion is withdrawn and the following opinion substituted therefor. The result of our original opinion is not changed; however, it was deemed necessary to add language to restrict the application of the rule of law announced to cases arising under §§ 41-1-1, et seq., N.M.S.A. 1978 (formerly §§ 21-11-1, et seq., N.M.S.A. 1953 (Supp. 1975)) and to the specific facts in this case.

Paul J....

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