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ORTEGA v. PLEXCO, A DIV. OF CHEVRON CHEMICAL CORP.

No. 90-942-M Civil.

793 F.Supp. 298 (1991)

Andrea C. ORTEGA, as the Personal Representative of the Estate of Anaya Buenaventura Ortega, Plaintiff, v. PLEXCO, a DIVISION OF CHEVRON CHEMICAL CORPORATION, a Delaware corporation, Mc Elroy Manufacturing, Inc., an Oklahoma corporation, and Three Way Constructors, Inc., a Texas corporation, Defendants.

United States District Court, D. New Mexico.

September 23, 1991.

Attorney(s) appearing for the Case

Turner W. Branch, Branch Law Firm, Albuquerque, N.M., for plaintiff.

R.E. Thompson, Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, N.M., for PLEXCO, a div. of Chevron Chemical Corp., a Delaware Corp.

Peter G. Prina, Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, N.M., for McElroy Mfg., Inc., an Oklahoma Corp.

Michael T. Worley, Sanders, Bruin, Coll & Worley, Roswell, N.M., for U.S. Fidelity & Guar. Co.

MEMORANDUM OPINION AND ORDER

MECHEM, Senior District Judge.

This matter came on for consideration on the motion of defendant Plexco for partial summary judgment and/or motion in limine. Having considered the motion, the response, and the reply and being otherwise fully advised in the premises, I find that Plexco's motion is well taken in part and shall be granted in part and denied in part.

Background

This is a diversity action brought...

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