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BANK OF SANTA FE v. PETTY

No. 13785.

867 P.2d 431 (1993)

116 N.M.App. 761

The BANK OF SANTA FE, Plaintiff-Appellant, v. Ralph PETTY, Defendant, Ben A. Lanford, Sr., Dellie Lanford, Gayle C. Petty, and GCP Partnership, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied January 19, 1994.

Attorney(s) appearing for the Case

John W. Boyd, Freedman, Boyd, Daniels, Peifer, Hollander, Guttmann & Goldberg, P.A., Albuquerque, for plaintiff-appellant.

O.R. Adams, Jr., Albuquerque, for defendants-appellees Ben A. Lanford, Sr., and Dellie Lanford.

Stephen P. Eaton, Charles G. Berry & Associates, P.A., Albuquerque, for defendants-appellees Gayle C. Petty and GCP Partnership.

OPINION

APODACA, Judge.

The Bank of Santa Fe (Plaintiff or the bank) filed a motion for rehearing after the filing of our opinion in this appeal on November 3, 1993. Although we have denied the motion for rehearing, our previous opinion filed November 3, 1993 is withdrawn and the following opinion is substituted in its place.

Plaintiff appeals the trial court's dismissal of its claims under SCRA 1986, 1-041(B) (Repl. 1992), following the presentation...

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