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FIREMAN'S INS. CO. OF NEWARK v. BUSTANI

No. 16569.

737 P.2d 541 (1987)

105 N.M. 760

FIREMAN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, Plaintiff-Appellee, v. Mary Jo BUSTANI, Individually and as personal Representative of the Estate of Debra Lynn Bustani, Deceased, and Hilary Earnest Harding, Individually and a Personal Representative of the Estate of Robert Dale Harding, Deceased, Defendants-Appellants. Hilary Earnest HARDING, Individually and as Personal Representative of the Estate of Robert Dale Harding, Deceased, Plaintiff-Appellant, v. Doris LUCERO, Defendant.

Supreme Court of New Mexico.

May 20, 1987.

Attorney(s) appearing for the Case

Roger A. Wagman, Albuquerque, for defendant-appellant Harding.

Ray Tabet, Albuquerque, for defendant-appellant Bustani.

Farlow, Simone, Roberts & Weiss, Randal W. Roberts, Albuquerque, for plaintiff-appellee.

OPINION

WALTERS, Justice.

Fireman's Fund filed an interpleader action in state district court, depositing $100,000 in the court registry. Following developments in a federal court proceeding related to Fireman's liability, it was allowed to dismiss its interpleader suit. The plaintiffs appeal and we affirm.

FACTS

On March 21, 1982, Doris Lucero (not a party to this appeal) was involved in an automobile accident in which Debra Bustani and...

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