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BENTON v. ALBUQUERQUE NAT. BANK

No. 7849.

701 P.2d 1025 (1985)

103 N.M. 5

T. Bruce BENTON, Plaintiff-Appellant, v. ALBUQUERQUE NATIONAL BANK, Administrator and Trustee of the Trust of Isobel M. Suber a/k/a Isobel Benton; and Frank R. Stubbs; and Robert P. Friggens, Defendants-appellees.

Court of Appeals of New Mexico.

Certiorari Quashed June 14, 1985.

Attorney(s) appearing for the Case

Stuart Hines, Albuquerque, for appellees Stubbs and Friggens.

Douglas G. Voegler, Marchiondo & Berry, P.A., Albuquerque, for appellant.

Paul W. Robinson, Sherrie L. Tepper, Robinson & Wainwright, P.A., Albuquerque, for appellee Albuquerque Nat. Bk.

OPINION

DONNELLY, Chief Judge.

Plaintiff, T. Bruce Benton, appeals from a judgment pronouncing that he owned no legal interest in an apartment building and had no right to any of its profits or rents. Two issues are presented on appeal: (1) failure to find that plaintiff was vested with a valid assignment of a partnership interest; and (2) error in allowing testimony of witnesses undisclosed to plaintiff...

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