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BAXTER v. NOCE

No. 17323.

752 P.2d 240 (1988)

107 N.M. 48

Joyce BAXTER, Personal Representative of the Estate of Wayne K. Baxter, Deceased, Petitioner, 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, Respondents.

Supreme Court of New Mexico.

March 16, 1988.

Attorney(s) appearing for the Case

J. Wayne Woodbury, Silver City, for petitioner.

Miller, Stratvert, Torgerson & Schlenker, Alice Tomlinson Lorenz, Judith Amer, Albuquerque, for respondent Shady Grove.

Foy, Foy, & Jollensten, Celia Foy Castillo, Silver City, for respondents Noce.

OPINION

WALTERS, Justice.

Joyce Baxter, as personal representative of the estate of decedent Wayne K. Baxter, brought a wrongful death action against Fausto and Eugene Noce d/b/a La Fiesta Night Club and Bar, Shady Grove Truck Stop and Cafe, Inc., Johnny Eddy, and Ted Paulos, alleging that the respondents sold or served alcoholic beverages to Baxter and Robert Reynolds, Jr. when it was reasonably apparent that they were intoxicated. Baxter and Reynolds,...

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