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ROMERO v. U.S. LIFE INS. CO. OF DALLAS

No. 8550.

719 P.2d 819 (1986)

104 N.M. 241

James D. ROMERO and L. Norene Romero, Plaintiffs-Appellees, v. U.S. LIFE INSURANCE COMPANY OF DALLAS, Defendant-Appellant.

Court of Appeals of New Mexico.

May 1, 1986.

Attorney(s) appearing for the Case

Paul A. Phillips, Dan A. McKinnon, III, Marron, McKinnon & Ewing, Albuquerque, for plaintiffs-appellees.

Leonard G. Espinosa, Moses, Dunn, Beckley, Espinosa & Tuthill, Albuquerque, for defendant-appellant.

OPINION

MINZNER, Judge.

A motion for clarification having been filed by plaintiffs, the prior opinion is withdrawn and the following is substituted.

Defendant brings an interlocutory appeal from the trial court's denial of its motion to dismiss for failure to state a claim. This court accepted two issues for review. They are: (1) whether the trial court erred in considering matters outside the record in ruling on the motion to dismiss; and (2)

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