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GARCIA v. NEW MEXICO REAL ESTATE COM'N

Nos. 10279 and 10357.

775 P.2d 1308 (1989)

108 N.M. 591

Robert GARCIA and Antonio Garcia, Petitioners-Appellants, v. NEW MEXICO REAL ESTATE COMMISSION, Respondent-Appellee. Arthur LOPEZ, Juan and Marcella Lopez, Ernest and Doreena Valdez, Pablo and Lila Jaramillo, Tony and Rose Marquez, David and Rhonda Germano, Jesus and Polly Goni, Demetrio Chavez, Sally Chavez, Arturo Chavez, Jose and Rebecca Martinez, Petitioners-Appellees, v. NEW MEXICO REAL ESTATE COMMISSION, Respondent-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied June 16, 1989.

Attorney(s) appearing for the Case

Christopher L. Trammell, Hank Farrah, Albuquerque, for petitioners-appellants Robert and Antonio Garcia.

David Greer, Richard J. Grodner, Prelo & Grodner, P.A., Albuquerque, for petitioners-appellees Arthur Lopez, et al.

Hal Stratton, Atty. Gen., Lyn Hebert, E. Maine Shafer, Jr., Asst. Attys. Gen., Santa Fe, for respondent-appellant New Mexico Real Estate Com'n.

OPINION

MINZNER, Judge.

These appeals arise from disparate decisions of the district court on claims filed under the Real Estate Recovery Fund Act (the Act). See NMSA 1978, §§ 61-29-20 to -29 (Repl.Pamp. 1988). In both cases, petitioners obtained judgments against the same licensed real estate salesman, Joe Aqui, for damages resulting from fraudulent transactions. Petitioners were unable to satisfy their respective judgments out of Aqui...

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