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GRAIN DEALERS MUT. INS. CO. v. REED

No. 16739.

734 P.2d 1269 (1987)

104 N.M. 586

GRAIN DEALERS MUTUAL INSURANCE COMPANY, Plaintiff-Appellee, v. Gay Lynn REED, Defendant Third-Party Plaintiff-Appellee, v. FIRTH INSURANCE AGENCY OF NEW MEXICO, Richard W. Firth and Karen Witt, Third-Party DefendantS-Appellants.

Supreme Court of New Mexico.

April 1, 1987.

Attorney(s) appearing for the Case

Butt, Thornton & Baehr, Louis R. Mande, Albuquerque, for third party defendants-appellants.

McCormick, Forbes, Caraway & Tabor, Michael E. Dargel, Carlsbad, for plaintiff-appellee.

W.T. Martin, Jr., Carlsbad, for defendant third-party plaintiff-appellee.

OPINION

STOWERS, Justice.

We allowed this interlocutory appeal to review the district court's denial of a motion to dismiss the third-party defendants from this declaratory judgment action. The third-party defendants argue that their joinder was improper under SCRA 1986, Rule 1-014 (formerly codified at NMSA 1978, Civ.P.R. 14 (Repl.Pamp. 1980)). We agree, and we reverse the district court's order.

Seeking a declaration of its rights and duties under...

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