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JONES v. MONTGOMERY WARD & CO., INC.

No. 7450.

725 P.2d 836 (1985)

104 N.M. 636

Fred T. JONES, et al., Plaintiffs-Appellants, v. MONTGOMERY WARD & COMPANY, INC., Defendant-Appellee.

Court of Appeals of New Mexico.

October 10, 1985.

Attorney(s) appearing for the Case

Alejandro Duran, Jr., Salvador Ramirez, El Paso, Tex., for plaintiffs-appellants.

John R. Gerbracht, Martin, Cresswell & Hubert, P.A., Las Cruces, for defendant-appellee.

OPINION

ALARID, Judge.

This case comes before this court on remand from the supreme court, 103 N.M. 45, 702 P.2d 990 after that court reversed our first opinion, which sustained the trial court's dismissal of plaintiff's action under NMSA 1978, Civ.P.R. 41(e) (Repl.Pamp. 1980). In its opinion, the supreme court directed this court to consider the remaining issue which challenges the district...

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