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ST. EX REL. STRATTON v. GURLEY MOTOR CO.

No. 8604.

737 P.2d 1180 (1987)

105 N.M. 803

STATE of New Mexico, ex rel. Hal STRATTON, Attorney General, Plaintiff-Appellant, v. GURLEY MOTOR COMPANY, a New Mexico Corporation, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied June 1, 1987.

Attorney(s) appearing for the Case

Hal Stratton, Atty. Gen., Wayne H. Bladh, Frank D. Weissbarth, Asst. Attys. Gen., Santa Fe, for plaintiff-appellant.

Mark F. Sheridan, Anne B. Hemenway, Montgomery & Andrews, P.A., Santa Fe, for defendant-appellee.

OPINION

DONNELLY, Chief Judge.

The state appeals from a judgment dismissing with prejudice its complaint for injunctive relief, restitution and civil penalties. Three issues are presented on appeal: (1) whether the state was barred from bringing suit against defendant Gurley Motor Company for alleged payment of illegal insurance premium rebates and deceptive trade practices under the Unfair Practices Act (UPA); (2) whether the Unfair Insurance Practices...

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