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SECURITY BANK & TRUST v. PARMER

No. 13559.

637 P.2d 539 (1981)

97 N.M. 108

SECURITY BANK & TRUST, a New Mexico Banking corporation, Plaintiff-Appellant and Cross-Appellee, v. Don PARMER, Mountain Meadows, Inc., a New Mexico corporation, and Mountain Properties, Limited, a New Mexico corporation, Defendants-Appellees and Cross-Appellants.

Supreme Court of New Mexico.

Rehearing Denied December 18, 1981.

Attorney(s) appearing for the Case

Durrett, Jordon & Grisham, Charles W. Durrett, Alamogordo, for plaintiff-appellant and cross-appellee.

Walter Parr, Las Cruces, for Parmer.

Jennings & Christy, Dean Constantine, Roswell, for Mountain Meadows.

OPINION

SOSA, Senior Justice.

This is an appeal and cross-appeal from the district court's granting of a summary judgment in favor of appellee.

In order for the trial court to have properly granted summary judgment, the pleadings, depositions, exhibits and affidavits must have shown that there was no genuine issue as to any material fact and that the moving party was entitled to summary judgment as a matter of law. N.M.R.Civ.P. 56(c), N.M.S.A. 1978...

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