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BENHAM v. ALL SEASONS CHILD CARE, INC.

No. 7608.

686 P.2d 978 (1984)

101 N.M. 636

William BENHAM, et al., Plaintiffs-Appellants, v. ALL SEASONS CHILD CARE, INC., et al., Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied August 28, 1984.

Attorney(s) appearing for the Case

Mark C. Dow, Annette N. DeBois, Paskind, Lynch, Dow & Printz, P.A., Albuquerque, for plaintiffs-appellants.

Katherine E. Tourek, Gordon J. McCulloch, Bradley & McCulloch, P.A., Albuquerque, for defendant-appellee All Seasons Child Care, Inc.

OPINION

WOOD, Judge.

A van driven by Pauline Brito collided with a motorcycle driven by William Benham. Plaintiffs sued Brito, and her employer, All Seasons Child Care, Inc. (All Seasons). The employer was granted summary judgment on the basis "that there is no genuine issue as to whether Pauline Brito was in the course and scope of her employment at the time of the accident * * *." Plaintiffs appealed.

After the notice of appeal was filed, the Benham...

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