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BAXTER v. NOCE

Nos. 9877, 9880.

752 P.2d 245 (1987)

107 N.M. 53

Joyce BAXTER, Personal Representative of the Estate of Wayne K. Baxter, Deceased, Plaintiff-Appellee, v. Fausto NOCE, Eugene Noce, d/b/a La Fiesta Night Club and Bar, Shady Grove Truck Stop and Cafe, Inc., Johnny Eddy and Ted Paulos, Defendants-Appellants.

Court of Appeals of New Mexico.

September 10, 1987.

Attorney(s) appearing for the Case

J. Wayne Woodbury, Silver City, for plaintiff-appellee.

Alice Tomlinson Lorenz, Judith Amer, Miller, Stratvert, Torgerson & Schlenker, P.A., Albuquerque, for defendants-appellants Shady Grove Truck Stop and Cafe, Inc.

Celia Foy Castillo, Foy, Foy & Jollensten, Silver City, for defendants-appellants Fausto Noce and Eugene Noce.

OPINION

APODACA, Judge.

Joyce Baxter, as personal representative of the estate of Wayne K. Baxter (Baxter), filed a complaint against defendants under NMSA 1978, Section 41-11-1(A) (Repl. Pamp. 1983), a statute governing a licensee's tort liability for alcoholic liquor sales and service. She alleged that Baxter died as a result of another intoxicated patron being served alcoholic beverages at two taverns owned and managed by defendants, in violation of NMSA...

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