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MILLER & ASSOCIATES, LTD. v. RAINWATER

No. 15246.

692 P.2d 1319 (1985)

102 N.M. 170

MILLER & ASSOCIATES, LTD., Plaintiff-Appellee, v. Ralph RAINWATER and Jacqueline L. Rainwater, his wife, Defendants-Appellants.

Supreme Court of New Mexico.

January 3, 1985.

Attorney(s) appearing for the Case

Hartley B. Wess, Miller & Wess, Ltd., Albuquerque, for plaintiff-appellee.

Frank P. Dickson, Robert W. Botts, Albuquerque, for defendants-appellants.

OPINION

WALTERS, Justice.

The earlier decision issued in this matter is withdrawn.

Plaintiff Miller & Associates, Ltd. (Miller) brought this action to recover attorney's fees from defendants. On the first of the two causes of action, the trial court directed a verdict against defendants for $70,328.60, the full amount of the open account alleged by Miller in the verified complaint. Defendants appeal that ruling.

In April, 1981, Miller...

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