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MARCHIONDO v. BROWN

No. 13440.

625 P.2d 580 (1981)

95 N.M. 651

William C. MARCHIONDO, Petitioner, v. Robert A. BROWN et al., Respondents.

Supreme Court of New Mexico.

Rehearing Denied March 25, 1981.

Attorney(s) appearing for the Case

Romero & Vigil, Michael E. Vigil, Albuquerque, for petitioner.

Johnson & Lanphere, Eric Lanphere, Albuquerque, Thomas McKenna Albuquerque, Keleher & McLeod, John B. Tittmann, Albuquerque, for respondents.

DECISION

FEDERICI, Justice.

Prior to January 28, 1980, and also during the interim between January 28, 1980 and October 27, 1980, plaintiff-appellant had filed motions to compel answers to depositions of at least one defendant and one witness. These motions were denied by the trial court.

On January 28, 1980, defendants-appellees (Robert Brown, et al) filed a motion to dismiss or in the alternative for summary judgment in the district court, Bernalillo...

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