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RAVEN v. MARSH

No. 4096.

607 P.2d 654 (1980)

94 N.M. 116

Didier RAVEN, Plaintiff-Appellant, v. Stanley MARSH 3, Financial Resources, Inc., a New Mexico Corporation, West Mesa, Inc., a New Mexico Corporation, and the City of Albuquerque, New Mexico, Defendants-Appellees.

Court of Appeals of New Mexico.

January 29, 1980.

Attorney(s) appearing for the Case

Charles W. Daniels, Freedman, Boyd & Daniels, P.A., Albuquerque, for plaintiff-appellant.

Paul G. Bardacke and Ronald Segel, Sutin, Thayer & Browne, Albuquerque, for defendants-appellees.

OPINION

WALTERS, Judge.

Plaintiff appeals the trial court's dismissal of a count in libel from his second amended complaint. There is no dispute that the statute of limitations bars the claim unless by reason of N.M.R.Civ.P. 15(c), N.M.S.A. 1978, it relates back to the date of filing plaintiff's original complaint. The order of dismissal is affirmed.

The libel count related to incidents allegedly occurring in late 1974 and early 1975. The original...

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