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SCHMITZ v. SMENTOWSKI

No. 17975.

785 P.2d 726 (1990)

109 N.M. 386

Roger SCHMITZ, Plaintiff, v. Leo R. SMENTOWSKI and Keith Mock and Opal Mock, Defendants, v. COLORADO NATIONAL BANK-EXCHANGE, Cross-Defendant-Appellant, v. Keith MOCK and Opal Mock, Cross-Claimants-Appellees, v. Leo R. SMENTOWSKI and Marcella Smentowski, Cross-Defendants.

Supreme Court of New Mexico.

January 10, 1990.

Attorney(s) appearing for the Case

Beck & Cooper, Robert O. Beck, Clayton, Ross & O'Brien, P.C., Richard G. Gilloon, Colorado Springs, Colo., for appellant.

Kastler and Kamm, Paul A. Kastler, John William Clever, Raton, Charles D. Alsup, Clayton, for appellees.

OPINION

BACA, Justice.

This is an appeal from the judgment of the district court of Union County of a jury verdict in favor of appellees, cross-claimants below, the Mocks, against appellant, cross-defendant below, the Colorado National Bank-Exchange (the Bank). This case has presented us with multiple claims and asks us to consider an issue of first impression in this jurisdiction.

The Bank contends that the trial court erred in allowing judgment...

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